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Terms of Service

Effective Date: March 7, 2026

These Terms of Service ("Terms") govern your use of the website design and hosting services ("Services") provided by Elevate Digital Marketing LLC ("Elevate," "we," "us," or "our"), a New Mexico limited liability company. By subscribing to or using our Services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. Services Provided

Elevate provides automated website design, development, hosting, and maintenance services for local service businesses. Our Services include:

  • Custom website design and development based on your publicly available business information
  • Website hosting with SSL encryption
  • Search engine optimization (SEO) fundamentals
  • Text-based revision requests (subject to plan limits)
  • Ongoing maintenance and uptime monitoring

2. Subscription & Billing

Services are provided on a month-to-month subscription basis. By subscribing, you authorize Elevate to charge your selected payment method on a recurring monthly basis until you cancel.

  • Standard Plan: $247 per month — includes 2 free revisions per billing cycle
  • Premium Plan: $347 per month — includes unlimited revisions and additional features

There are no setup fees, no contracts, and no cancellation penalties. Prices are subject to change with 30 days' written notice to active subscribers.

3. Free Preview

Elevate may provide a free website preview prior to your subscription. The preview is provided for evaluation purposes only and does not constitute a binding agreement. Preview sites may be removed after 7 days if no subscription is started.

4. Revisions

Revision requests may be submitted via text message to our designated support number. Standard plan subscribers receive 2 free revisions per billing cycle. Additional revisions on the Standard plan are billed at $97 each. Premium plan subscribers receive unlimited revisions at no additional cost.

Revisions include changes such as text updates, image swaps, phone number changes, hours of operation updates, and minor layout adjustments. Full site redesigns are not considered revisions and may require a separate arrangement.

5. Website Ownership & Intellectual Property

Elevate retains ownership of all website designs, code, templates, and proprietary systems used to create and host your site. While your subscription is active, you are granted a non-exclusive, non-transferable license to use the website for your business purposes.

All business-specific content you provide (logos, photos, text) remains your property. Upon cancellation, Elevate can provide an export of your site content for a one-time fee of $197 upon request.

6. Client Responsibilities

You represent and warrant that:

  • You are the owner or authorized representative of the business for which the website is being built
  • All information you provide is accurate and not misleading
  • You have the right to use any logos, images, or content you submit to us
  • You will not use the website for any unlawful purpose

7. Acceptable Use

You agree not to use our Services to:

  • Distribute malware, viruses, or harmful code
  • Engage in phishing, fraud, or deceptive practices
  • Violate any applicable law or regulation
  • Infringe upon the intellectual property rights of others
  • Host or distribute illegal content

8. Service Availability

We strive to maintain 99.9% uptime for all hosted websites. However, we do not guarantee uninterrupted service and are not liable for downtime caused by factors beyond our reasonable control, including but not limited to server maintenance, third-party service outages, natural disasters, or cyberattacks.

9. Cancellation & Refunds

You may cancel your subscription at any time by contacting us at elevate@elevatemyweb.com or by texting (559) 376-0067. Upon cancellation:

  • Your site will remain live until the end of your current billing period
  • No further charges will be made
  • No refunds are issued for partial billing periods
  • Your site will be taken offline at the end of the paid period

10. Limitation of Liability

To the fullest extent permitted by law, Elevate Digital Marketing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of our Services.

Our total liability for any claim arising from these Terms or your use of our Services shall not exceed the total amount you paid to Elevate in the 3 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elevate Digital Marketing LLC, its members, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of our Services, your breach of these Terms, or your violation of any law or third-party rights.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active subscribers via email at least 30 days before taking effect. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in the State of New Mexico.

14. Communications & Consent

By engaging with Elevate, you consent to receive communications from us via phone, text message, and email regarding our Services. You may opt out of marketing communications at any time by replying STOP to any text message or contacting us directly. Service-related communications (billing notices, revision confirmations) will continue for the duration of your subscription.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevate Digital Marketing LLC regarding the Services and supersede all prior agreements or communications.

17. Contact Us

If you have any questions about these Terms, contact us at:

Elevate Digital Marketing LLC
Email: elevate@elevatemyweb.com
Phone: (559) 376-0067

© 2026 Elevate Digital Marketing LLC. All rights reserved.