Effective date: August 18, 2026
These Terms of Service (the “Terms”) are a legal agreement between Community 1 Marketing LLC (“Community 1 Marketing,” “we,” “us,” or “our”), a limited liability company with its principal place of business at 15842 S 13th Pl, Phoenix, AZ 85048, and you.
These Terms do two things. First, they govern your use of our website at community1marketing.com (the “Site”). Second, they set the baseline commercial terms for the marketing services we provide to our clients. They are written in plain English on purpose. If something here does not match what you were told, tell us at help@community1marketing.com so we can sort it out in writing.
These Terms are not a substitute for a signed client agreement. If you have signed a proposal, service agreement, statement of work, or order form with us (each, a “Service Agreement”), that document controls wherever it conflicts with these Terms. These Terms fill the gaps.
1. Acceptance of These Terms
By visiting the Site, submitting our contact form, requesting a proposal, or receiving services from us, you agree to these Terms. If you do not agree, please do not use the Site or engage us for services.
If you are agreeing on behalf of a business, practice, or other organization, you represent that you have the authority to bind that organization, and “you” means both you and that organization.
Our services are sold to businesses, not to consumers, and the Site is intended for people who are at least 18 years old. We do not knowingly market to or collect information from children. How we handle information is described in our Privacy Policy, which is part of these Terms.
2. Definitions
- “We,” “us,” “our” means Community 1 Marketing LLC.
- “You,” “your” means the person or organization using the Site or receiving Services.
- “Client” means a business or practice that has engaged us for paid Services under a Service Agreement or an accepted proposal.
- “Services” means the marketing, advertising, design, development, hosting, and support work we perform, as described on our Services and Service Levels pages and defined in your Service Agreement.
- “Deliverables” means the custom work product we create for a Client in performing the Services, such as website pages, written content, graphics and infographics, social posts, ad copy, and reports.
- “Client Materials” means everything you give us or tell us to publish, including logos, photos, video, text, patient testimonials, service and pricing information, provider credentials, and account access.
3. Use of the Site
You may view, browse, and print pages of the Site for your own business evaluation. That is the extent of the permission we give.
You agree not to:
- Scrape, crawl, harvest, or bulk-download the Site or its content, or use automated tools to do so, except for well-behaved search engine crawlers obeying our robots directives.
- Copy, republish, resell, or repurpose our page copy, layouts, graphics, or package descriptions as your own or as part of a competing offering.
- Attempt to gain unauthorized access to the Site, its hosting environment, its database, or any account or system connected to it.
- Probe, scan, or test the vulnerability of the Site, or interfere with its operation, including through denial of service attempts, malware, or excessive automated requests.
- Submit our contact form with false information, impersonate another person or business, or use the form to send spam, solicitations, or unlawful content.
- Post a comment or any other public submission that contains patient information, health information, or anyone else’s personal information.
- Use the Site in violation of any applicable federal, state, provincial, or local law, including advertising, anti-spam, and healthcare privacy laws.
Comments may be enabled on some pages or posts on the Site. If you post one, you keep ownership of what you wrote and you grant us a non-exclusive, royalty-free license to store, display, and remove it. We moderate, and we may edit or delete any submission that is spam, unlawful, off topic, or that includes personal or patient information. We are not obligated to publish or keep any submission.
We may suspend or block access to the Site, remove submitted content, or take other reasonable steps if we believe this section has been violated. We may also change, suspend, or discontinue any part of the Site at any time.
Our Contact Form and Spam Protection
When you submit our contact form, we collect your first name, last name, email address, and your message. That is all the form asks for, and there is no phone number field, so you never have to give us one to reach us. Submissions are stored in our website’s database and are also emailed to our team so we can reply to you. How long we keep submissions, and how you can ask us to delete yours, is covered in our Privacy Policy.
The form is protected by Google reCAPTCHA, which loads when you interact with the form or shortly after the page opens. reCAPTCHA helps us tell real people apart from automated spam, and to do that it sends information about your visit, including your IP address and how you interact with the page, to Google. Because of that, your use of our form is also subject to Google’s Privacy Policy and Google’s Terms of Service. If you would rather not use a form protected by reCAPTCHA, just email us directly at help@community1marketing.com or call us instead.
4. Intellectual Property in the Site
The Site and everything in it that we created, including text, layout, design, graphics, and code, is owned by us or our licensors and is protected by copyright and other laws. Nothing on the Site transfers ownership or grants a license to reuse our materials, except as expressly stated in these Terms or in a Service Agreement.
“Community 1 Marketing,” “Community 1,” “Community Marketing,” and our logos are our trademarks or service marks. You may not use them without our prior written permission, except in plain factual references (for example, naming us as your marketing provider). Other names and logos that appear on the Site, including those of Google, Meta, Apple, and any client, belong to their respective owners, and their appearance does not imply endorsement or partnership unless we say so directly.
Copyright complaints. We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, both for this Site and for websites we host for clients. A valid notice should include the information required by 17 U.S.C. section 512(c)(3): your physical or electronic signature, identification of the copyrighted work, identification of the material you say is infringing and the URL where it appears, your contact information, a statement that you believe in good faith the use is not authorized, and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.
Send notices to Community 1 Marketing LLC, Attn: Copyright Agent, 15842 S 13th Pl, Phoenix, AZ 85048, or by email to help@community1marketing.com.
We will remove or disable access to material as the law requires, notify the affected client, and accept counter-notices. It is our policy, in appropriate circumstances, to disable or terminate the accounts of repeat infringers.
5. How Engagements Start, and What Governs Scope and Price
Nothing on the Site is an offer that binds us. Submitting the contact form, requesting a quote, or discussing work with us does not create an engagement.
An engagement begins when both of the following happen: (a) you accept a written proposal or sign a Service Agreement from us, and (b) we receive your first payment or you authorize your first billing, unless the Service Agreement says otherwise.
The specific scope of work, the deliverable frequency, the fees, the billing cycle, and the term all come from your proposal or Service Agreement. The packages described on our Service Levels page (including Bronze, Silver, and the higher tiers) are marketing descriptions of what those tiers typically include. They are a starting point for a quote, not a fixed price list, and they do not lock in pricing indefinitely.
We may change our prices for future terms. If we do, we will give you written notice before your renewal so that you can decide whether to continue. Price changes do not apply retroactively to a term you have already paid for. Our notice period for price changes is at least 30 days.
Work outside the agreed scope (for example, a full redesign, a new website, a new campaign type, print work, or a rush project) is quoted separately and starts only after you approve it in writing. Email approval counts as writing.
6. Your Responsibilities as a Client
Marketing work is collaborative. Most delays come from missing information, not missing effort. You agree to:
- Give us timely content and approvals. When we ask for photos, service details, provider bios, promotions, or sign-off on a draft, please respond within a reasonable time. Our timelines assume you do. If we are waiting on you, the schedule moves.
- Provide account access. Depending on scope, this may include Google Ads, Google Business Profile, Google Search Console, Google Analytics, Apple Business Connect, domain registrar, DNS, website hosting, WordPress administrator access, and social accounts such as Facebook and Instagram. Where possible we prefer delegated or invited access to accounts that remain in your name, rather than sharing passwords.
- Designate a point of contact. Give us one person authorized to approve content and spend, so we are not caught between conflicting instructions inside your practice.
- Make sure what you send us is accurate and yours to use. You represent and warrant that you own, or have the necessary rights and licenses to, all Client Materials, and that publishing them will not infringe anyone’s rights or break any law.
- Take responsibility for claims about your practice. You are responsible for the accuracy of clinical, pricing, credentialing, insurance, and outcome claims you ask us to publish. We will flag anything that looks risky, but we do not independently verify your clinical claims, and we are not your regulatory or legal counsel.
- Handle patient content correctly. If you send us testimonials, reviews, before-and-after photos, patient stories, or any image or record that identifies a patient, you confirm that you have obtained the patient authorizations and consents required by HIPAA, applicable state or provincial law, and your professional board’s advertising rules. Please do not send us Protected Health Information that we do not need.
- Flag anything aimed at children. If your practice treats minors, tell us before we build a form, quiz, contest, kids’ club signup, portal link, or campaign that could collect information from a child under 13. Websites and online services directed to children are governed by the Children’s Online Privacy Protection Act (COPPA), which requires a specific notice and verifiable parental consent. We will not knowingly build a feature that collects a child’s personal information until you confirm in writing that you have a compliant notice and consent process, and we will not build advertising audiences from information about children.
- Follow platform and professional advertising rules. You will not ask us to publish content that violates Google’s or Meta’s policies, your state dental or medical board’s advertising rules, FTC endorsement and testimonial guidance, or applicable Canadian advertising standards. We will not solicit, write, incentivize, or post fake or fabricated reviews under any circumstances.
If we reasonably believe a request would break a law, a platform policy, or a professional advertising rule, we may decline to publish it and will explain why.
7. “Unlimited Edits and Changes”: What That Actually Means
We advertise unlimited edits and changes, and we mean it. Here is the honest scope so both sides know what to expect. This section explains our promise. It does not take it away.
While your subscription is active and paid, you may send us as many edit requests as you like, and we do not meter them or bill per change. Requests are worked in a normal business-day queue, in the order received, alongside other clients.
| Included in unlimited edits | Quoted as separate work |
|---|---|
| Text, image, and contact information changes on existing pages | A full website redesign or rebuild |
| Hours, staff, insurance, service, and pricing updates | Adding a large batch of brand new pages beyond your plan’s normal page count |
| Adding, swapping, or replacing photos and graphics we can license or that you supply | New custom functionality, integrations, or third-party software builds |
| Fixing layout, spacing, mobile display, and broken links | Migrating your site to a different platform or a different host |
| Promotion banners, seasonal offers, and announcement updates | New brand identity, logo design, or full rebrand work |
| Reasonable revision rounds on content and graphics we produced | Work for a second location, second brand, or additional website |
Two practical limits apply. First, edits are for the property or properties covered by your plan. Second, we may ask you to prioritize if a single request is effectively a new project rather than an edit, or if repeated same-day reversals of the same element make the queue unworkable.
We work the edit queue in the order requests arrive, during business days. Where your plan commits to a specific turnaround target for routine edits, that target is set out in your Service Agreement.
About “24/7 Customer Support”
You can reach us any time, and urgent issues such as a site outage, a security event, or a broken contact form are handled around the clock. Routine requests, content edits, strategy questions, and reporting are handled during business days. Where your plan commits to specific response targets by issue type, those targets are set out in your Service Agreement.
8. HIPAA and ADA Compliance: What We Commit To
Many of our clients are private medical and dental practices, so this section matters. We want it to be accurate rather than flattering.
What we do
- We build and configure websites, forms, and campaigns using HIPAA-aware practices. That includes avoiding unnecessary collection of health information through public web forms, being careful about what tracking and advertising tools we place on pages that could reveal health-related behavior, and keeping patient-identifying content out of systems that are not appropriate for it.
- We design and build with accessibility in mind, working toward the Web Content Accessibility Guidelines (WCAG), which is the benchmark most often used to evaluate ADA compliance for websites. The version and conformance level we design and build toward is WCAG 2.1 Level AA.
- We will sign a Business Associate Agreement (BAA) with you where our Services would actually involve creating, receiving, maintaining, or transmitting Protected Health Information (PHI) on your behalf. Where a BAA is in place, it governs PHI handling and controls over these Terms on that subject.
- We will tell you when something you have asked for creates a compliance risk, and we will propose an alternative.
What we do not do
- We are not your attorneys, your compliance officer, or your accessibility auditor of record, and nothing we provide is legal advice.
- We cannot guarantee how a regulator, a plaintiff’s firm, a court, the Office for Civil Rights, or any accessibility testing tool will view your website or your marketing. No vendor honestly can.
- Accessibility and privacy compliance are ongoing conditions, not one-time certifications. Content you or your staff add later, third-party embeds such as booking widgets, chat tools, review widgets, and patient portals, and changes made outside our access can all affect compliance after we hand something over.
- We do not assume responsibility for compliance of systems we did not build or do not manage, including your practice management software, patient portal, or intake forms hosted elsewhere.
Tracking, analytics, and advertising technologies on your website
Analytics tags, advertising pixels, conversion tracking, remarketing audiences, customer match lists, call tracking, chat widgets, and session replay tools can capture information that, on a healthcare website, may be treated as Protected Health Information or as an intercepted communication under federal and state wiretap and privacy laws, including the California Invasion of Privacy Act.
We will install, configure, or continue running any such tool on your website only at your written direction. Before we do, we will tell you in plain terms what the tool collects and where that data goes. You decide whether to run it, you are responsible for any consent your counsel considers necessary, and you are responsible for the privacy notice and any consent banner shown on your site. Where a tool would transmit Protected Health Information to a third party, we will not deploy it unless a BAA covering that use is in place with us and, where required, between you and that third party.
If you ask us to remove a tracking tool, we will remove it from the property we manage and tell you if it is loading from somewhere we do not control.
We take these obligations seriously and will work with you and your counsel in good faith if an issue comes up.
9. Third-Party Platforms and the Limits of What Anyone Can Promise
A large part of our work happens inside platforms we do not own or control, including Google Search, Google Ads, Google Business Profile, Google Search Console and Analytics, Apple Maps and Apple Business Connect, Meta (Facebook and Instagram), your hosting and domain providers, and, where your plan includes it, review and listing platforms. Those companies set their own rules and change them without asking us.
We do not guarantee results. Specifically, we do not and cannot guarantee:
- Any particular search ranking, map pack position, or share of impressions.
- Any particular number of leads, calls, form fills, booked appointments, new patients, or revenue.
- Approval of any ad, listing, or asset, or the reinstatement of a suspended account, profile, or listing.
- Any particular cost per click, cost per lead, or advertising cost, since auction prices are set by competition and by the platform.
- That algorithm updates, policy changes, competitor behavior, seasonality, or platform outages will not affect performance.
What we do commit to is professional effort: doing the agreed work competently, following current best practices, using only legitimate optimization methods (no cloaking, link schemes, or other tactics that violate platform guidelines), monitoring performance, and reporting honestly on what is and is not working, including in your scheduled reporting meetings.
Your use of any third-party platform is subject to that platform’s own terms and privacy policies. Where we manage advertising, media spend is separate from our management fees, and you are responsible for the media spend itself. How media spend is billed, whether the platform charges your payment method directly or the spend is passed through on our invoice, is set out in your proposal or Service Agreement.
Two related points. We are not obligated to advance, front, or guarantee your media spend. Where spend runs through our invoice or a payment method we hold, we may pause campaigns immediately if a payment fails, is disputed, or is charged back, and you remain responsible for spend the platform has already delivered. And if a platform suspends, restricts, or disapproves your account, ad account, listing, or profile for reasons outside our control, our management fees for that period still apply while we work on reinstatement, because that work is part of the Services.
10. Fees, Invoicing, and Non-Payment
Fees, billing frequency, and any setup or onboarding charges are set out in your proposal or Service Agreement. Unless it says otherwise:
- Recurring Services are billed in advance for each billing period, and one-time projects are billed as stated in the proposal.
- Payment terms are stated on each invoice and in your Service Agreement, measured from the invoice date.
- Accepted payment methods are stated on the invoice and in your Service Agreement. If you pay by card or ACH on an automatic schedule, you authorize us to charge that method for recurring fees until you cancel in accordance with Section 11.
- Late amounts may accrue a late fee of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower, and you are responsible for reasonable costs of collection.
- Fees are exclusive of applicable sales, use, GST, HST, or similar taxes, which are your responsibility unless we are required to collect them.
- Fees paid are non-refundable except where a Service Agreement expressly says otherwise, because our work is performed on an ongoing basis throughout each period.
If an invoice is past due, we will contact you first. If it remains unpaid, we may pause work, pause advertising management, withhold delivery of work in progress, and, after further notice, suspend hosting and take the hosted website offline. We will give you at least 10 days written notice before suspending hosting. Suspension does not waive fees that have accrued. We will restore service promptly once the account is current, and a reactivation fee may apply as stated in your Service Agreement.
11. Term, Renewal, and Cancellation
Your initial term and renewal terms are set out in your Service Agreement. Where it is silent, the engagement runs month to month and renews automatically.
Unless your Service Agreement says otherwise, your engagement renews automatically for successive terms of the same length until one of us cancels. Either party may cancel by giving the other written notice at least 30 days before the end of the then-current term. If your notice arrives later than that, the cancellation takes effect at the end of the following term, and the fees for that term remain payable.
Written notice means an email to help@community1marketing.com from you, or an email to your designated contact from us. A verbal cancellation to a team member is not effective on its own, so please put it in writing. We will confirm receipt within two (2) business days, and if you do not hear back from us, please assume we did not receive it and follow up.
We may also terminate immediately, with notice, if you materially breach these Terms or a Service Agreement and do not cure the breach within a reasonable time, if payment remains unpaid after notice, or if you ask us to do something unlawful, deceptive, or in violation of professional advertising or platform rules.
On termination:
- Fees for work performed and for the current billing period remain payable.
- We will transfer or return control of accounts registered in your name, and provide a copy of the current website files and database for the site we host, so you can move to another provider. Migration assistance beyond a standard export is quoted and approved in writing before that work begins, so there is no surprise charge.
- Deliverables that have been paid for in full are yours under Section 12. Deliverables not yet paid for remain ours.
- Recurring third-party licenses that we supply under our own agency accounts (for example, premium plugin, theme, or stock asset licenses) do not transfer. You may need to license those yourself to keep using them. We will tell you which ones apply to your site.
- Hosting and ongoing security monitoring end when the subscription ends, so plan your migration before that date.
Data retention, return, and deletion
While we are working together, we keep Client Materials, Deliverables, form submissions, reporting data, and account records for as long as we need them to perform the Services. After the engagement ends:
- You have sixty (60) days to request a copy of your website files, database, content library, and reporting data. We will provide one standard export at no charge within fifteen (15) business days of your request.
- We will delete or securely destroy the hosted copies of your website files and database within ninety (90) days after termination, unless you ask us in writing to hold them longer or the law requires us to keep them.
- We keep contracts, invoices, and correspondence for up to seven (7) years for tax, accounting, and legal reasons, and routine system backups remain until they age out on their normal cycle.
- Protected Health Information, if we hold any, is returned or destroyed as the applicable BAA requires. The BAA controls over this section.
Please retrieve everything you need before your access ends. After the periods above we may no longer be able to recover your data.
12. Ownership of Deliverables
We mean what our packages say: you own the custom content we create for you.
Upon our receipt of full payment for the Deliverables in question, we assign to you all right, title, and interest in the custom Deliverables we created specifically for you, including custom page copy, blog articles, social captions, custom graphics and infographics, and custom website page designs built for your brand. Where we register a domain name, Google Business Profile, Google Ads account, Analytics property, or similar asset on your behalf, we register it in your name or your practice’s name so ownership sits with you from day one.
To make that assignment actually work:
- Every employee and subcontractor who contributes to your Deliverables works under a written agreement assigning their work product to us, so the rights we pass to you are ours to pass.
- We will sign any further documents you reasonably request to record, perfect, or register your ownership, with you covering out-of-pocket filing costs.
- If any part of the assignment is not effective under the law of a given country, we grant you an exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, reproduce, publish, distribute, and create derivative works from the affected Deliverable for any purpose.
- We waive, and we obtain from our contributors a waiver of, all moral rights and rights of attribution and integrity in the Deliverables, to the fullest extent permitted by law, including under Canadian law.
Three sensible carve-outs apply:
- Our pre-existing materials. We keep ownership of everything we bring to the work rather than create for you: our processes, checklists, internal tools, code libraries, page and layout templates, campaign structures, reporting formats, and general know-how. We grant you a perpetual, non-exclusive, royalty-free license to use those materials to the extent they are embedded in your paid Deliverables and are needed to keep using them.
- Third-party and licensed assets. Stock photography and video, fonts, icons, music, themes, page builders, and premium plugins remain owned by their licensors. Your rights to them are whatever the applicable license says, and some licenses are tied to an active subscription or to our agency account. We will tell you which third-party licenses your site depends on.
- Skills and experience. Nothing stops us from performing similar services for other clients, including other practices, or from using the general knowledge and skills our team develops, so long as we honor Section 14 (Confidentiality).
Two points about timing. The fees you pay for a billing period cover the Deliverables we create and publish for you during that period, so those Deliverables become yours once that period is paid in full. And while your account is active and current, you hold a license to use every Deliverable we have published for you, including any not yet invoiced, so your website and campaigns never go dark over an open invoice.
If an invoice remains unpaid after the notice period in Section 10, that license pauses for the unpaid Deliverables until the account is brought current. Deliverables that are never paid for remain ours, and we may remove them from the properties we manage.
Our use of AI tools
We use software with artificial intelligence features to help with research, drafting, image production, and quality checks. A person on our team reviews, edits, and approves everything before it is delivered or published, and we do not publish unreviewed machine output on your behalf.
Two things follow, and we would rather say them than have you discover them later. First, material generated entirely by an AI tool without meaningful human authorship may not be registrable for copyright in the United States. Our ownership commitment above transfers every right we hold in your Deliverables, and it does not promise that each individual element is separately registrable. Second, our infringement indemnity in Section 19 covers Deliverables we created and reviewed. It does not cover AI-generated material you supplied to us, or material you directed us to publish without our review.
If you would prefer that we not use AI tools on your account, tell us in writing and we will accommodate it. That may affect turnaround times, and we will tell you if it does.
13. Hosting, Backups, and Security
Where your plan includes hosting, we provide the hosting environment, keep the platform and its components reasonably current, apply security measures such as monitoring and malware scanning, and maintain routine backups. Where your plan commits to a specific backup frequency and retention window, those are set out in your Service Agreement.
Some honest caveats:
- We aim for high availability, but no host can promise uninterrupted or error-free service. Downtime can result from maintenance, upstream provider issues, network events, DNS problems, or attacks. Unless your Service Agreement contains a written uptime service level with credits, we do not offer an uptime guarantee.
- Security is a matter of reasonable, layered protection, not a guarantee. No website can be made immune to compromise. If your site is compromised, we will work promptly to contain, clean, and restore it on the terms described under “Security incidents” below, and we will tell you what we find.
- Backups are a recovery tool, not an archive service. Please keep your own copy of anything irreplaceable.
- Hosting is for your business website and reasonable related use. It may not be used to store Protected Health Information, to host unrelated third-party sites, to send bulk email, or for anything unlawful. If we need to handle PHI, that requires a BAA under Section 8.
- If you or a third party you authorize makes changes to the site, the server, plugins, or DNS outside our process, we are not responsible for the resulting breakage, and repair work may be quoted separately.
Security incidents
If we discover a security incident affecting the environment we manage for you, we will notify you without undue delay, and in any event within seventy-two (72) hours of confirming it. We will tell you what we know, what we have done, and what we recommend, and we will work with you on containment, cleanup, and restoration. If you discover a compromise, a leaked or shared password, or suspicious activity on any account connected to your website, hosting, or advertising, please tell us promptly so we can help.
Cleanup and restoration are included in your plan when the incident arises within the environment we manage and maintain. They are quoted separately when the incident traces to credentials you or your staff exposed or shared, software you or a third party installed, a system we do not manage, or a failure to approve an update or upgrade we recommended in writing.
Notifying patients, customers, or regulators is your responsibility, not ours. We will give you the technical facts you need to meet those obligations promptly and in writing. We are not your breach counsel and we do not make the legal call on whether a notification is required.
14. Confidentiality
Each of us may learn confidential information about the other, including business plans, pricing, patient volumes, campaign performance, strategy, and credentials. Both of us agree to keep that information confidential, to use it only to perform or receive the Services, and to protect it with at least reasonable care.
This does not apply to information that is already public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or is rightfully received from a third party. Either party may disclose confidential information if legally required to do so, and will give the other party notice where it is lawful and practical to do so.
We share information with subcontractors and service providers only as needed to deliver the Services, and we require them to protect it. Handling of personal information is described in our Privacy Policy and in Section 15. Protected Health Information, if any, is governed by a signed BAA.
Confidentiality obligations continue for 3 years after the engagement ends, and indefinitely for trade secrets and for any Protected Health Information.
15. Personal Information We Process for You
When we perform the Services we may process personal information on your behalf, such as website form leads, review request lists, customer or patient contact lists uploaded to advertising platforms, and analytics data. For that processing, you are the business, controller, or organization responsible under applicable privacy law, and we act only as your service provider or processor.
We will:
- Process that personal information only to perform the Services for you, and for no other purpose.
- Not sell or share it, as those terms are defined by the California Consumer Privacy Act as amended by the CPRA, and not use it for cross-context behavioral advertising for anyone but you.
- Not retain, use, or disclose it outside our direct business relationship with you, and not combine it with personal information we receive from other clients, except where the law allows.
- Bind our subcontractors and vendors to the same obligations before giving them access.
- Apply reasonable technical and organizational safeguards appropriate to how sensitive the information is.
- Help you respond to individual rights requests, including access, correction, deletion, and opt-out requests, within a reasonable time.
- Tell you promptly if we determine we can no longer meet these obligations, and stop the processing in question.
You may take reasonable steps to confirm we are meeting these obligations, including asking us for a written description of our practices.
You confirm that you have given the notices and obtained the consents the law requires, including under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial law for Canadian clients, before you give us personal information or ask us to upload a contact list to any advertising platform.
We are based in the United States and do not target the European Economic Area or the United Kingdom. If we ever process personal data subject to the GDPR on your behalf, we will sign a separate data processing addendum with you.
Protected Health Information is governed by a signed BAA under Section 8, not by this section.
16. Portfolio and Publicity
Unless you tell us otherwise, we may identify you as a client and show non-confidential examples of the work we created for you (such as website screenshots, graphics, and social posts) in our portfolio, on our website, in proposals, and in our own social media. We may also reference general performance improvements.
Two limits apply. We will not publish your confidential business information, and we will not publish patient information, patient photos, or performance data tied to identifiable patients.
You can opt out at any time, before or after publication, by emailing help@community1marketing.com. We will stop using your name and work in new materials and will remove it from materials we control within a reasonable time. Testimonials and quotes are used only with your permission.
17. Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
In plainer terms: we warrant that we will perform the Services in a professional and workmanlike manner, consistent with industry standards. We do not warrant specific marketing results, rankings, ad approvals, revenue, uninterrupted service, or that any website will be free of every error or vulnerability. Nothing on the Site or in our reports is legal, medical, tax, or compliance advice.
18. Limitation of Liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost patients, lost data, or loss of goodwill, even if advised that such damages were possible.
To the fullest extent permitted by law, our total cumulative liability arising out of or relating to the Site, the Services, or these Terms will not exceed the total fees you actually paid us for the Services in the three (3) months immediately before the event giving rise to the claim. Advertising media spend passed through to a platform is not counted as fees paid to us. For visitors who are not paying Clients, our total liability will not exceed one hundred U.S. dollars (USD $100).
These limits do not apply to: (a) your obligation to pay fees and media spend; (b) your indemnification obligations under Section 19; (c) either party’s liability for fraud, willful misconduct, or bodily injury; or (d) any liability that cannot be limited under applicable law.
Our indemnification obligations under Section 19, and our liability for breach of Section 14 (Confidentiality), are subject to a separate limit: they will not exceed the greater of the total fees you paid us in the twelve (12) months before the claim, or twenty-five thousand U.S. dollars (USD $25,000). Nothing in this paragraph makes us liable for the categories of damages excluded in the first paragraph of this Section.
Except for claims for non-payment, neither party may bring a claim arising out of these Terms or the Services more than one (1) year after the claim arose.
Some states, provinces, and countries do not allow the exclusion of certain warranties or the limitation of certain damages. If those laws apply to you, some or all of the disclaimers and limits in Sections 17 and 18 may not apply to you, and you may have additional rights.
19. Indemnification
You will defend, indemnify, and hold us harmless (including our owners, employees, and contractors) from third-party claims, damages, losses, liabilities, and reasonable attorneys’ fees arising out of:
- Client Materials you provided, or content you directed us to publish, including any claim of infringement, defamation, false advertising, or improper use of a patient testimonial, photo, or record.
- Your violation of law or of professional advertising rules.
- Your breach of these Terms or a Service Agreement.
- Claims relating to your products, services, or clinical care.
- Your provision of Protected Health Information to us outside an applicable BAA or without required authorization.
- Tracking, analytics, or advertising technologies you directed us to deploy, or that were already present on your website when we were engaged.
We will defend, indemnify, and hold you harmless from third-party claims that Deliverables we independently created for you infringe a third party’s United States or Canadian copyright or trademark, as long as the Deliverables were used as delivered and as intended. This does not cover claims arising from Client Materials, from your modifications, or from your combination of the Deliverables with other materials. If such a claim arises, we may modify or replace the affected Deliverable at our expense.
If a Deliverable becomes the subject of an infringement claim, we may, at our option and our expense, modify it, replace it with something functionally equivalent, or obtain the rights needed to keep using it. If none of those is commercially reasonable, we may withdraw the Deliverable and refund the fees you paid for it. Our defense and indemnity under this section, together with those remedies, are your sole and exclusive remedy for any claim that a Deliverable infringes someone else’s rights.
The party seeking indemnity will promptly notify the other in writing, allow the indemnifying party to control the defense with counsel of its choice, and cooperate reasonably at the indemnifying party’s expense. A delay in giving notice relieves the indemnifying party of its obligations only to the extent it was actually prejudiced by the delay. No settlement that imposes an obligation, payment, or admission on the indemnified party may be made without that party’s written consent, which will not be unreasonably withheld.
20. Governing Law, Dispute Resolution, and Venue
These Terms and any dispute arising out of them or the Services are governed by the laws of the State of Arizona, USA, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Talk to us first. Before starting a formal proceeding, the party with a concern will send a written notice describing the issue and the relief sought to the other party (to us at help@community1marketing.com and to our mailing address below). Both parties will then work in good faith to resolve the issue for at least thirty (30) days after that notice, including by a phone or video conversation between people with authority to settle. Most problems end here.
If the matter is not resolved, the parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and each party consents to personal jurisdiction there. Either party may still seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information, and either party may bring a qualifying claim in small claims court.
In any proceeding brought to enforce or interpret these Terms or a Service Agreement, including a collection action, the prevailing party is entitled to recover its reasonable attorneys’ fees, expert fees, and costs, in addition to any other relief awarded. This is in addition to, and not instead of, a court’s authority under A.R.S. section 12-341.01.
If you are located in Canada, this choice of law and venue applies to the maximum extent permitted, and does not remove any non-waivable rights or protections available to you under the laws of your province.
21. Other Terms
Changes to These Terms
We may update these Terms from time to time. When we do, we will change the effective date at the top and post the updated version on this page. Changes apply to Site use as soon as they are posted, and to Services beginning with your next renewal or with your continued use of the Services after we notify you. If a change materially reduces what you receive, tell us and we will discuss it.
Severability
If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest stays in effect.
Entire Agreement and Order of Precedence
These Terms, together with our Privacy Policy, your signed Service Agreement or accepted proposal, and any signed BAA, are the entire agreement between us about their subject matter. They replace any earlier discussions, quotes, unaccepted proposals, and marketing statements. If there is a conflict, the order of precedence is: (1) a signed BAA, for anything involving Protected Health Information; (2) your signed Service Agreement, statement of work, or accepted proposal; (3) these Terms.
Descriptions on our Service Levels and Services pages are marketing summaries written to help you understand what a tier typically includes. They are useful context, but they are not contract terms, they do not create warranties, and they do not expand the scope of work set out in your Service Agreement or in these Terms. Where those pages and these Terms describe the same thing differently, these Terms describe what you are actually entitled to receive.
No Waiver
If we do not enforce a provision right away, we have not waived it.
Assignment
You may not assign or transfer these Terms or a Service Agreement without our prior written consent, except to a successor that acquires all or substantially all of your business or practice, provided the successor assumes your obligations and is not a competitor of ours. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of our business. These Terms bind and benefit permitted successors and assigns.
Independent Contractor
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, except that we may act as your authorized agent in managing platform accounts you designate.
Subcontractors
We may use qualified subcontractors and vendors to perform parts of the Services. We remain responsible for the work they perform for you.
Force Majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, outages of upstream providers or platforms, cyberattacks, labor disruptions, and government actions. This does not excuse payment obligations for Services already delivered.
Survival
Sections covering payment, ownership, confidentiality, personal information handling, data retention and deletion, disclaimers, limitation of liability, indemnification, and governing law survive the end of your engagement.
22. How to Contact Us
Questions about these Terms, or notices under them, can go to:
- Community 1 Marketing LLC
- 15842 S 13th Pl, Phoenix, AZ 85048, United States
- Email: help@community1marketing.com
- Phone: +1 (952) 237-4251
- Web: community1marketing.com/contact
For how we handle personal information, please read our Privacy Policy.