Terms & Conditions

Effective Date: 01/01/2025

These Terms and Conditions (“Terms”) govern your access to and use of the website, services, content,
deliverables, and communications provided by Radiarc Marketing, operated by
Tri Marketing LLC (“Radiarc,” “Company,” “we,” “us,” or “our”).
By accessing this website or engaging our services, you agree to be bound by these Terms. If you do not
agree, do not use this website or our services.

1. Scope of Terms

These Terms apply to all visitors, users, leads, customers, clients, and any other person or entity that
accesses our website or purchases, inquires about, or uses our services. These Terms apply in addition to
any proposal, estimate, service agreement, statement of work, invoice, or other written agreement between
you and Radiarc. If there is a conflict between these Terms and a signed written agreement, the signed
written agreement will control to the extent of that conflict.

2. Services

Radiarc provides marketing and digital services for contractors and service-based businesses, which may
include, without limitation:

• Website design and development
• Search engine optimization (SEO)
• Local SEO and Google Business Profile optimization
• Pay-per-click advertising (PPC) and paid media management
• Lead generation strategy
• Brand strategy and visual identity support
• Marketing automation
• Conversion optimization
• Content strategy and copywriting
• Consulting, audits, reporting, and related digital marketing services

All services are provided subject to availability, project scope, client cooperation, platform limitations,
and the specific terms outlined in any proposal or written agreement.

3. No Guarantee of Results

Radiarc does not guarantee any specific results, including but not limited to rankings, traffic, leads,
conversions, return on ad spend, revenue, business growth, or search engine placement. Marketing outcomes
depend on many factors outside our control, including your market, competition, budget, offer, website
condition, sales process, close rate, reputation, existing assets, platform algorithms, consumer behavior,
and third-party policies.

Any examples, case studies, forecasts, estimates, projections, or performance discussions are provided for
illustrative purposes only and are not promises or guarantees of future performance.

4. Client Eligibility and Authority

By using our website or engaging our services, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into binding agreements;
• You have the authority to act on behalf of yourself or the business you represent;
• You will provide accurate and complete information;
• Your use of our services will comply with applicable laws, regulations, and platform policies.

5. Proposals, Estimates, and Scope

Any quote, estimate, proposal, package description, or pricing page is informational unless and until
accepted by both parties in writing or by payment as specified by Radiarc. Scope is limited to the items
expressly listed in the applicable proposal, service agreement, statement of work, or invoice.

Any work requested outside the approved scope may require:

• a revised proposal,
• a change order,
• additional fees,
• an adjusted timeline, or
• a separate agreement.

6. Client Responsibilities

The client agrees to cooperate in good faith and provide all materials, approvals, feedback, and access
reasonably necessary for Radiarc to perform services. This includes, where applicable:

• timely responses to questions and requests,
• access to websites, hosting, domains, analytics, ad accounts, CRM systems, and software platforms,
• brand assets, photos, videos, logos, copy, pricing, policies, and service information,
• review and approval of drafts, designs, campaigns, and deliverables,
• accurate business and compliance information.

Delays caused by the client may extend timelines and may not excuse payment obligations.

7. Account Access and Security

If the client grants Radiarc access to any account, platform, website, hosting environment, domain
registrar, analytics property, ad account, or third-party tool, the client authorizes Radiarc to use such
access solely for the purpose of performing agreed services.

The client is responsible for maintaining the security of its own accounts, credentials, payment methods,
and internal systems. Radiarc is not responsible for losses resulting from compromised credentials,
unauthorized access not caused by Radiarc’s willful misconduct, or failures of third-party systems.

8. Content and Materials Provided by Client

The client is solely responsible for all content, claims, images, videos, documents, trademarks, logos,
testimonials, reviews, data, pricing, service descriptions, and other materials provided to Radiarc or
published at the client’s direction.

The client represents and warrants that it owns or has the necessary rights, permissions, licenses, and
authority to use and authorize Radiarc to use such materials.

Radiarc is not responsible for independently verifying the legality, accuracy, ownership, substantiation,
or compliance of client-provided content.

9. Intellectual Property

9.1 Radiarc Property

Unless otherwise stated in a signed written agreement, all pre-existing materials, processes, systems,
frameworks, methods, templates, internal tools, know-how, documentation, strategies, scripts, code
libraries, design systems, copy frameworks, and proprietary methodologies used or developed by Radiarc
remain the sole property of Radiarc.

9.2 Client Property

The client retains ownership of its pre-existing trademarks, logos, business names, business data, and
client-owned content supplied to Radiarc, subject to any licenses granted herein for Radiarc to perform
services.

9.3 Deliverables

Subject to full payment of all amounts due, the client receives the rights expressly granted in the
applicable agreement for final approved deliverables created specifically for the client. Unless otherwise
agreed in writing, Radiarc retains ownership of drafts, unused concepts, working files, internal source
files, research materials, strategy documents, and all underlying intellectual property not expressly
transferred.

9.4 License to Perform Services

The client grants Radiarc a non-exclusive, limited, revocable license to use client materials and accounts
solely as reasonably necessary to perform services, create deliverables, and fulfill contractual obligations.

10. Portfolio and Promotional Use

Unless otherwise agreed in writing, Radiarc may reference the client’s business name, logo, publicly
available website, general project description, non-confidential results, and completed public-facing
work in its portfolio, marketing materials, proposals, social media, and case studies. Radiarc will not
disclose confidential information in doing so.

11. Third-Party Platforms and Tools

Our services may involve third-party platforms, software, hosting providers, plugins, payment processors,
ad networks, analytics tools, CRMs, automation tools, registrars, theme or plugin developers, and other
external services. These third-party services are subject to their own terms, policies, pricing, and
availability.

Radiarc is not responsible for:

• changes to third-party platform rules, features, APIs, or algorithms,
• service interruptions, outages, suspensions, bans, or account terminations imposed by third parties,
• third-party fees, subscription changes, or billing disputes,
• loss of data or performance caused by third-party systems.

12. Payments and Billing

Fees, retainers, deposits, setup fees, recurring charges, and project billing terms will be stated in the
applicable proposal, invoice, pricing schedule, or written agreement. Unless otherwise agreed in writing:

• deposits and setup fees are non-refundable,
• monthly services are billed in advance,
• project work may require milestone payments,
• final deliverables may be withheld until all outstanding amounts are paid in full.

The client agrees to pay all invoices by the due date. If payment is not made on time, Radiarc may suspend
work, pause access, delay delivery, revoke licenses, or terminate services.

13. Late Payments

If an invoice becomes overdue, Radiarc may charge a late fee, interest, or finance charge to the maximum
extent permitted by law, together with any collection costs, chargeback fees, legal fees, and administrative
expenses incurred in recovering amounts due.

14. Refund Policy

Unless otherwise stated in a signed written agreement, all payments are non-refundable. This includes
deposits, strategy fees, setup fees, retainers, consulting fees, and payments for time reserved, research
performed, or work already completed.

No refund will be due for dissatisfaction based on preference, delays caused by client inaction, changes in
market conditions, business performance, ad performance fluctuations, or search engine algorithm changes.

15. Subscription, Retainer, and Recurring Services

For ongoing services, the client agrees to the billing cycle and minimum commitment period stated in the
applicable agreement. After any minimum term ends, services may continue on a month-to-month basis
unless otherwise stated. Cancellation requests must be submitted in writing and are effective according to
the notice period in the applicable agreement.

If no notice period is specified in a written agreement, a minimum of thirty (30) days’ written notice is
required to cancel recurring services.

16. Suspension or Termination by Radiarc

Radiarc may suspend or terminate services, with or without notice where appropriate, if:

• the client fails to make payment when due,
• the client breaches these Terms or any written agreement,
• the client engages in abusive, threatening, unlawful, deceptive, or unethical conduct,
• continued work would expose Radiarc to legal, regulatory, reputational, platform, or operational risk,
• required cooperation, access, or approvals are not provided.

Suspension or termination does not waive the client’s obligation to pay for work performed, time reserved,
amounts accrued, or commitments already incurred.

17. Timelines and Delivery

Any timeline, launch date, campaign start date, milestone estimate, or turnaround time is an estimate only
unless expressly guaranteed in a signed written agreement. Delivery depends on client responsiveness,
third-party approvals, technical constraints, content availability, scope changes, and other variables beyond
Radiarc’s reasonable control.

18. Revisions and Approvals

Unless otherwise stated in writing, revisions are limited to reasonable revisions related to the agreed scope.
Additional revision rounds, major redesign requests, or changes in direction may result in added fees and
revised timelines.

Client approval of any draft, design, layout, ad, content, campaign, or deliverable constitutes acceptance of
that item. Once approved, additional changes may be treated as out-of-scope work.

19. SEO, Advertising, and Platform-Specific Disclaimers

19.1 SEO

Search engine optimization is influenced by third-party search engines and market conditions. Radiarc
cannot guarantee rankings, indexing, traffic volume, map placement, featured snippet placement, or lead
volume. Search engines may change algorithms, remove listings, alter visibility, or issue penalties without
notice.

19.2 Paid Advertising

Paid advertising results depend on budget, market demand, targeting, competition, offer quality, landing
pages, tracking integrity, compliance, and sales execution. Radiarc does not guarantee approval, ad delivery,
conversion volume, cost per lead, cost per click, or return on ad spend.

19.3 Local Listings and Reviews

Local search visibility, review moderation, business profile suspensions, reinstatements, and listing
performance depend on third-party platforms. Radiarc is not responsible for platform decisions, review
removals, suspensions, ownership disputes, or verification delays imposed by third parties.

20. Compliance and Legal Responsibility

The client is solely responsible for ensuring that its business operations, offers, promotions, claims,
advertising, service descriptions, disclaimers, licensing, permits, terms, privacy practices, and customer
communications comply with all applicable laws, regulations, and industry standards.

Radiarc is not a law firm, accounting firm, or regulatory agency and does not provide legal, tax, or
compliance advice unless expressly stated otherwise in writing.

21. Confidentiality

Each party agrees to use reasonable care to protect the other party’s non-public confidential information
disclosed in connection with the services and not to disclose such information to third parties except as
needed to perform services, comply with law, or enforce legal rights.

Confidential information does not include information that:

• is or becomes publicly available without breach of duty,
• was already lawfully known,
• is independently developed without use of confidential information, or
• is lawfully received from a third party without restriction.

22. Feedback

If you provide suggestions, ideas, recommendations, comments, or other feedback to Radiarc, you grant
Radiarc a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use, modify, and
incorporate such feedback without restriction or compensation, unless otherwise agreed in writing.

23. Website Use Restrictions

You agree not to:

• use this website for any unlawful purpose,
• copy, scrape, reproduce, republish, or exploit website content without permission,
• attempt to gain unauthorized access to our systems or servers,
• interfere with the operation or security of the website,
• submit false, misleading, infringing, or defamatory information,
• use our name, branding, or content in a misleading manner.

24. Website Content Disclaimer

All information on this website is provided for general informational and marketing purposes only. While
we strive for accuracy, we do not warrant that website content is complete, current, error-free, or suitable
for any specific purpose. We may update, remove, or modify website content at any time without notice.

25. Disclaimer of Warranties

To the fullest extent permitted by law, the website, services, deliverables, and all related content are
provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied,
statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for
a particular purpose, title, non-infringement, uninterrupted operation, or error-free performance.

26. Limitation of Liability

To the fullest extent permitted by law, Radiarc and its owners, officers, employees, contractors, agents,
affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special,
consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill,
opportunities, business interruption, or anticipated savings, arising out of or related to the website,
services, deliverables, or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Radiarc’s total aggregate liability arising out of or relating to these
Terms or any services shall not exceed the total amount actually paid by the client to Radiarc for the
specific services giving rise to the claim during the three (3) months immediately preceding the event giving
rise to such claim.

27. Indemnification

You agree to defend, indemnify, and hold harmless Radiarc and its owners, officers, employees,
contractors, agents, affiliates, and service providers from and against any and all claims, demands,
liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable
attorneys’ fees, arising out of or related to:

• your use of the website or services,
• your breach of these Terms or any written agreement,
• your business operations, offers, claims, advertisements, or customer interactions,
• client-provided content, materials, or instructions,
• alleged infringement, misappropriation, defamation, false advertising, privacy violations, or regulatory non-compliance caused by client materials or conduct.

28. Force Majeure

Radiarc shall not be liable for any failure or delay in performance caused by events beyond its reasonable
control, including acts of God, severe weather, natural disasters, utility failures, internet outages,
cyberattacks, labor disputes, governmental actions, epidemics, pandemics, war, civil unrest, third-party
service failures, hosting interruptions, platform outages, or supply chain disruptions.

29. Non-Exclusivity

Unless otherwise agreed in writing, Radiarc may provide services to other clients, including clients in the
same or similar industries or geographic markets, provided that Radiarc does not knowingly disclose the
client’s confidential information.

30. Independent Contractor Relationship

Radiarc is an independent contractor. Nothing in these Terms or any service relationship shall be construed
to create a partnership, joint venture, employment relationship, franchise, fiduciary duty, or agency
relationship between the parties except as expressly authorized in writing for limited account access or
service execution.

31. Electronic Communications

You consent to receive communications from Radiarc electronically, including by email, website notices,
forms, CRM messages, invoicing systems, and project management platforms. You agree that such
electronic communications satisfy any legal requirement that communications be in writing.

32. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of
California, without regard to conflict of law principles.

33. Dispute Resolution

The parties agree to first attempt to resolve any dispute through good-faith informal discussions. If the
dispute cannot be resolved informally, either party may pursue available legal remedies in the state or
federal courts located in Los Angeles, CA, and each party consents to personal
jurisdiction and venue in those courts, unless a written agreement between the parties provides otherwise.

34. Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be enforced to the
maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

35. Waiver

No waiver by Radiarc of any term, right, or breach shall be deemed a continuing waiver of that or any other
term, right, or breach. Failure to enforce any provision shall not constitute a waiver.

36. Entire Agreement

These Terms, together with any applicable proposal, invoice, statement of work, service agreement,
privacy policy, and other written documents incorporated by reference, constitute the entire agreement
between the parties regarding the subject matter addressed herein, unless superseded by a separate signed
agreement.

37. Changes to These Terms

Radiarc may update or revise these Terms at any time by posting the updated version on this website.
Changes become effective upon posting unless otherwise stated. Your continued use of the website or our
services after updated Terms are posted constitutes acceptance of the revised Terms.

38. Contact Information

If you have questions about these Terms and Conditions, you may contact:

Radiarc Marketing
1407 Crenshaw Blvd Ste 103
Torrance, CA 90501
legal@radiarcmarketing.com