Terms of Use

Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Favze Digital Marketing ("Favze," "we," "us," or "our"), a digital marketing agency based in Middlebury, Elkhart County, Indiana, United States.

By accessing or using the website located at https://favze.com (the "Site"), or by engaging Favze for any digital marketing services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Site and may not engage Favze's services.

Description of Services

Favze Digital Marketing provides digital marketing services to businesses primarily in Northern Indiana and the Michiana region. Our current services include:

• Social Media Marketing (SMM): Content creation, scheduling, community management, and growth strategy across social platforms
• Search Engine Optimization (SEO): On-page, off-page, and technical SEO to improve organic search visibility
• Answer Engine Optimization (AEO): Optimizing content to appear in AI-generated answers, featured snippets, and voice search results
• Generative Engine Optimization (GEO): Structuring content and authority signals so generative AI tools recommend your business
• AI Optimization: Making your brand, content, and data infrastructure ready for AI-driven discovery and recommendation systems
• Local SEO: Google Business Profile management, local citation building, and map pack visibility for Northern Indiana and Michiana businesses
• Email Marketing: Campaign strategy, copywriting, list management, automation, and performance reporting
• Short Message Service (SMS) Marketing: Compliant SMS campaign creation, list building, and automated messaging sequences
• HubSpot Setup: CRM configuration, form setup, pipeline building, email automation, and HubSpot onboarding
• Website Design: Custom website design and development optimized for local visibility, conversions, and performance
• Paid Search Ads (SEM): Google Ads campaign strategy, creation, management, and optimization
• Paid Social Media Ads: Facebook, Instagram, and other paid social advertising campaigns including creative, targeting, and reporting

The availability, scope, and pricing of specific services may change at any time. Detailed service terms for individual client engagements are governed by separate written service agreements or statements of work signed between Favze and the client. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement controls.

Use of the Site

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful purposes in accordance with these Terms. You agree that you will not:

Prohibited Conduct

• Use the Site for any unlawful purpose or in violation of any applicable local, state, federal, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site
• Use any robot, spider, scraper, or other automated means to access or collect data from the Site without our express written permission
• Transmit any unsolicited commercial communications, spam, or phishing attempts through the Site's contact forms or any other communication channel
• Upload, post, or transmit any content that is defamatory, obscene, threatening, harassing, fraudulent, or that infringes on the rights of any third party
• Interfere with or disrupt the integrity or performance of the Site, including by introducing malicious code, viruses, or other harmful material
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Collect or harvest personal information about other users of the Site
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or servers
• Frame or mirror the Site or any portion thereof without our prior written consent

We reserve the right to terminate or restrict your access to the Site at our sole discretion, without notice, for any conduct that we believe violates these Terms or is otherwise harmful to other users, us, or third parties.

Intellectual Property

All content on the Site (including but not limited to text, articles, blog posts, graphics, logos, photographs, icons, images, audio and video clips, data compilations, software, and the overall design and layout of the Site) is the exclusive property of Favze Digital Marketing or its content licensors and is protected by applicable United States and international copyright, trademark, trade dress, and other intellectual property laws.

Our Content

The Favze name, logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of Favze Digital Marketing. You may not use our marks without our prior written permission. All articles published on our Site under Favze Insights are original works authored by Favze personnel and are protected by copyright.

Permitted Use

You may access and view the Site's content for your personal, non-commercial informational purposes only. You may share links to our Site and quote brief excerpts (no more than 50 words) from our articles for non-commercial commentary, provided you give clear attribution to Favze Digital Marketing with a direct link to the original content.

Prohibited Use

• You may not reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit any portion of the Site's content for commercial purposes without our express written consent
• You may not modify, adapt, translate, create derivative works from, or reverse engineer any content on the Site
• You may not remove or alter any copyright, trademark, or other proprietary notices from any content on the Site
• You may not use our content to train artificial intelligence models, large language models, or any machine learning systems without our prior written consent

Client-Owned Content

Content you provide to Favze as part of a service engagement (your business name, logos, photos, product information, etc.) remains your property. You grant Favze a limited license to use such content solely for the purpose of providing services to you. Upon termination of a service agreement, deliverables you have paid for in full become your property as outlined in your service agreement.

User-Submitted Content

When you submit information through our Site (including consultation request forms, contact forms, email communications, or any other submission mechanism) you represent and warrant that:

• You have the right to submit the information and it does not violate any third party's rights
• The information is accurate and not misleading
• The submission does not contain any material that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable

We do not publish or publicly display form submissions. All submissions are handled in accordance with our Privacy Policy. We reserve the right to decline any consultation request or service engagement at our sole discretion.

Third-Party Links and Content

The Site may contain links to third-party websites, resources, tools, or services that are not owned or controlled by Favze. These links are provided for your convenience and informational purposes only.

Favze has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of any third-party websites. The inclusion of any link does not imply our endorsement or recommendation of that website, its operator, or its content.

You acknowledge and agree that Favze shall not be liable for any damage, loss, or harm caused by or in connection with your use of any third-party website or service accessed through a link on our Site. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Disclaimers and Limitation of Liability

No Guarantee of Results

Digital marketing results (including but not limited to search rankings, website traffic, lead generation, social media growth, email open rates, advertising performance, and revenue outcomes) depend on numerous factors outside Favze's control, including search engine algorithm changes, market competition, client industry conditions, client-provided content quality, budget levels, and general economic conditions.

Favze does not guarantee specific outcomes, rankings, revenue figures, or return on investment for any service. Any case studies, examples, or projections shared on our Site or during consultations represent past performance or illustrative estimates only and are not guarantees of future results.

Site Provided "As Is"

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the Site.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAVZE DIGITAL MARKETING, ITS OWNER, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF FAVZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Favze's liability shall be limited to the maximum extent permitted by law. In no event shall Favze's total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Site exceed the greater of (a) the total fees paid by you to Favze in the three (3) months preceding the claim, or (b) one hundred dollars ($100.00 USD).

Indemnification

You agree to defend, indemnify, and hold harmless Favze Digital Marketing, its owner Riley Catalano, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site in a manner not authorized by these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights, including intellectual property rights or privacy rights
• Any content, materials, or information you submit through the Site
• Any dispute between you and a third party related to your use of the Site

Client Service Agreements

These Terms govern your use of the Site and serve as baseline terms for your relationship with Favze. For clients engaging Favze for paid services, the following additional terms apply:

Favze reserves the right to decline or discontinue services to any client at its discretion, including for violations of these Terms, non-payment, or conduct that Favze determines to be harmful, unethical, or contrary to its values.

Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy explains how we collect, use, and protect your personal information, including data collected through the forms and analytics embedded on our Site. Please review the Privacy Policy carefully.

Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions.

Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Elkhart County, Indiana. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Informal Resolution First

Before initiating any formal legal proceeding, you agree to first contact us in good faith at riley@favze.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving written notice. This informal resolution requirement does not apply to intellectual property claims or emergency injunctive relief.

Copyright / DMCA Notice

Favze Digital Marketing respects the intellectual property rights of others. If you believe that content on our Site infringes your copyright, please send a written notice to us containing the following information in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512:

1. A physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material on our Site that is claimed to be infringing, with sufficient detail for us to locate it
4. Your contact information (name, address, telephone number, and email address)
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
6. A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

Send DMCA notices to: riley@favze.com

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

Modifications to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms at https://favze.com/terms-of-use
• Where changes are significant, provide notice via email or a prominent notice on our Site where reasonably practicable

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to review this page periodically.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable signed service agreements, constitute the entire agreement between you and Favze Digital Marketing regarding the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Favze may assign these Terms, or its rights and obligations hereunder, without restriction and without notice to you.

Force Majeure

Favze shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, internet outages, third-party platform failures (including GitHub, GoDaddy, or HubSpot outages), or government actions.

Electronic Communications

By using the Site or submitting forms, you consent to receive electronic communications from Favze, including emails regarding your inquiries and, if you opt in, marketing communications. These electronic communications satisfy any legal requirement that communications be in writing.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:

We aim to respond to all legal inquiries within 5 business days. For urgent intellectual property or security matters, please include "URGENT LEGAL" in your email subject line.