Terms of Service
The rules for using windowsanddoorsmarketingpros.com, our free tools, and the marketing services provided by Windows & Doors Marketing Pros.
Effective date: October 22, 2026. Last updated: October 22, 2026.
Your agreement controls
If you hire us, your signed service agreement or insertion order governs the engagement. These Terms fill in the gaps and cover the website.
Results are not guaranteed
Marketing results depend on your market, your offer and your sales team. Case studies are real but not typical. Any guarantee lives in your agreement, with its conditions.
You own your accounts
Your website, ad accounts, data and brand are yours. Our methods, templates and systems are ours.
Disputes
Florida law applies. We talk first; if that fails, binding individual arbitration in Miami-Dade County, Florida.
The summary above is a courtesy. The full Terms below control. Please read them; they include a binding arbitration clause and a class action waiver in Section 22.
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and Kocer Media Inc., a Florida corporation doing business as Windows & Doors Marketing Pros ("WDMP," "we," "us," "our"). They govern your use of windowsanddoorsmarketingpros.com and any subdomains (the "Site"), the free tools, content, downloads, calls and other resources we make available through the Site, and, except where a signed agreement says otherwise, the marketing services we provide (the "Services").
By using the Site, submitting a form, booking a call, downloading a resource, or purchasing Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or the Services. "You" means the person using the Site and, if that person is acting for a business, that business as well.
2. Eligibility and business use
The Site and the Services are offered to businesses and to the people who run them. You must be at least 18 years old and able to form a binding contract. If you use the Site or purchase Services on behalf of a company, you represent that you have authority to bind that company, and "you" includes that company. The Services are business-to-business services and are not intended for personal, family or household purposes.
3. The Site is informational
The content on the Site, including the magazine, case studies, calculators, scorecards, pricing ranges and descriptions of our methods, is provided for general information about marketing for window and door companies. It is not legal, financial, tax or professional advice, and it is not a promise about the results you will get. Pricing shown on the Site is a general range; your actual pricing is set in your Service Agreement. We try to keep the Site accurate and current, but we do not warrant that it is complete or error-free, and we may change it at any time without notice.
4. Our Services and your Service Agreement
When you hire us, the engagement is governed by a written agreement you sign or accept electronically, such as a service agreement, proposal, insertion order or order form (together, the "Service Agreement"). The Service Agreement sets the scope of work, fees, term, notice periods, ad spend, deliverables, any guarantee and its conditions, and other terms specific to your account.
If these Terms conflict with your Service Agreement, the Service Agreement controls for that engagement. These Terms apply to everything the Service Agreement does not address, to your use of the Site, and to any Services you receive without a signed agreement. Estimates, timelines and recommendations we give before or during an engagement are good-faith projections, not commitments, unless the Service Agreement says otherwise.
5. Free tools, scorecards, audits and demo calls
We offer free resources, including the 40-Point Marketing Scorecard, marketing audits, strategy and demo calls, and downloadable content. These are provided as a courtesy, for informational purposes, with no obligation on either side. We may decline, limit or stop providing any free resource at any time and for any reason, including when we decide that we are not a fit or that you compete with an existing client. Audit findings and scorecard results are based on the information you provide and on publicly available data at the time, may be incomplete, and are not a substitute for professional advice. Acting on them is your decision and at your own risk.
6. Forms, communications and consent
When you submit a form on the Site, book a call, or otherwise give us your contact information, you agree that we may contact you about your request and about our services by email, phone and text message at the contact details you provide. Where you check a consent box or otherwise agree, you expressly consent to receive calls and text messages from us or on our behalf, including messages sent using automated technology, at the number you provided. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to any text to opt out, HELP for help, or contact us using Section 26. Calls with us may be recorded as described in our Privacy Policy.
You agree that the information you give us is accurate and that you will keep it current. You agree not to submit forms with false information, on behalf of someone else without authority, or in bulk.
7. Accounts, access and ownership
To perform the Services we usually need access to accounts you own or control, such as your website, hosting, domain registrar, Google Ads, Google Business Profile, Google Analytics, Meta Business Manager, Local Services Ads, call tracking and CRM. You authorize us and our team to access and act within those accounts for the purpose of performing the Services, and you agree to grant access promptly and through the platform's own user-management tools rather than by sharing passwords where the platform allows it. You are responsible for the security of credentials you share with us and for telling us promptly if access should be changed or removed.
Unless your Service Agreement says otherwise: accounts created in your business name belong to you; advertising accounts and the data in them belong to you; your website and domain belong to you once the fees for building them are paid in full; and you keep ownership of your brand, photos, reviews, customer data and content. Where we provide a CRM, phone numbers or other tools through our own accounts or platform subscriptions, we may retain control of the platform account, and your data in it will be made available to you for export as described in Section 21.
Tracking numbers. Call tracking and text messaging numbers we provision for you are registered in your business name and used to attribute, route and record calls and texts. You consent to that tracking and recording and agree to tell your team and customers as the law requires. Unless the Service Agreement says otherwise, we will keep a number you used in advertising forwarding to you for 60 days after termination; after that it may be released. Numbers printed on vehicles, signage or other permanent materials should be your own.
Hosting and handoff. If we host your website or landing pages, you have 30 days after termination to migrate them to your own hosting, and we will provide a copy of the site files on request within that window. Domains registered in your name stay yours; domains we register for you are transferred to you on request once your account is paid in full.
Other vendors. If you engage another agency or freelancer on the same channels, website or accounts while we are working, you will tell us in advance. We are not responsible for conflicts, overlapping changes or results caused by work we did not do, and results on shared channels cannot be attributed to our work alone.
8. Client responsibilities
Our work depends on your cooperation. As a client, you agree to:
- Give us accurate, complete and current information about your business, your products, your pricing and offers, your service area, and your licensing and insurance.
- Operate a lawful business and hold the licenses, registrations and insurance required where you work. We do not verify these.
- Respond to requests for approvals, content, photos, access and feedback within a reasonable time. Delays on your side may delay launch dates and results, and do not extend any guarantee period.
- Follow up with leads promptly and professionally, and comply with all laws that apply to your own outreach, including telemarketing, text messaging, do-not-call and recording laws.
- Update lead outcomes (dispositions) in the CRM or report them to us, so we can measure and optimize.
- Comply with the policies of the platforms we use for you, including Google, Meta and the Local Services Ads program, and not ask us to do anything that would violate them.
- Have the right to every photo, video, review, logo, trademark, claim and piece of content you give us to use, and make sure that claims about your products, pricing, financing, warranties and reviews are truthful and not misleading.
- Pay our fees and your ad spend on time.
- If you are a franchisee or dealer (for example of Andersen, Renewal by Andersen or Universal Windows Direct), hold every authorization your franchisor or manufacturer requires for the marketing we do, and tell us about any brand standards we must follow.
- When we send email or text campaigns to lists you provide, confirm that every recipient gave the consent the law requires and that you maintain the opt-out records.
Approvals. We may ask you to approve creative, copy, offers, landing pages and other deliverables before they go live. If you do not respond within 3 business days, we may treat the item as approved so your campaigns are not held up, and you remain responsible for the accuracy of the claims, pricing and offers in it. Changes requested after approval are performed as time allows and may be billed as additional work under the Service Agreement.
9. Fees, billing, ad spend and refunds
Fees. Our fees are set in your Service Agreement and are flat fees, not a percentage of ad spend, unless the Service Agreement says otherwise. Fees are billed in advance for each billing period and are due on the date in the invoice or on the recurring billing date you authorized. Setup fees, where charged, are due at signing.
Ad spend. Advertising spend on Google, Meta, Local Services Ads and other platforms is separate from our fees. It is paid by you directly to the platform using a payment method in your own account, or, where the Service Agreement allows it, advanced by us and reimbursed by you at cost. We do not mark up ad spend. Ad spend is never refundable by us; the platforms' own policies govern it.
Refunds. Except as expressly provided in a written guarantee in your Service Agreement, fees are non-refundable once a billing period has started, because our costs are incurred up front. Pay-per-lead purchases are governed by Section 12.
Late payment. If a payment is late, we may suspend work, pause campaigns and withhold deliverables until the account is current. Late amounts accrue interest at 1.5% per month, or the maximum rate allowed by law if lower, and you are responsible for reasonable collection costs and attorney's fees. You agree not to initiate a chargeback for fees you authorized; if you dispute a charge, contact us first and we will work it out with you.
Automatic renewal and recurring billing. Unless your Service Agreement says otherwise, the Services renew automatically at the end of each term or billing period, and you authorize us to charge the payment method on file for each recurring period until you cancel in writing with the notice your Service Agreement requires. Fees for the notice period remain due. We may change our fees on at least 30 days' written notice; a change takes effect at your next renewal or billing period after the notice.
Pauses. A program may be paused only if your Service Agreement allows it, with the notice it requires. A pause does not shorten the term, extend any guarantee or measurement period, or stop fees already billed, and some channels (for example SEO) cannot be paused without losing results. Campaigns paused by a platform, by you, or for non-payment keep accruing fees unless we caused the pause.
Taxes. Fees do not include sales, use or similar taxes. If any apply, you are responsible for them.
10. Guarantees
From time to time we describe guarantees on the Site, such as a lead-volume guarantee during an initial period. Any guarantee is available only as expressly set out in your Service Agreement, which states its conditions and the sole remedy, and only if you meet those conditions. Conditions typically include a minimum ad spend, timely approvals and access, the program running without pauses for the full measurement period, an agreed definition of a "lead," prompt lead follow-up and disposition reporting, and written notice to us within a stated time after the period ends. Unless your Service Agreement says otherwise, the sole remedy under any guarantee is a refund of the management fees you paid to us for the guaranteed period; it never includes ad spend, third-party costs, setup fees, or any other amount. Statements on the Site that summarize a guarantee are marketing summaries, are not an offer, and do not expand the guarantee in your Service Agreement.
11. Results, case studies and testimonials
Marketing results depend on factors outside our control, including your market, competition, season, pricing, offers, financing, reputation, sales process, follow-up speed, close rate, ad spend, and changes made by advertising and search platforms. We do not guarantee any particular ranking, position, traffic level, number of leads, appointments, sales, revenue or return on investment, except as expressly set out in a written guarantee in your Service Agreement under Section 10.
Case studies, results, statistics and testimonials on the Site and in our materials describe the actual experience of specific clients at specific times. They are not typical, are not a promise or prediction of your results, and may not reflect current conditions. Figures such as cost per lead, show rates, close rates and cost per sold job are averages or examples drawn from our portfolio and will vary by market.
Search engines and platforms. Rankings, traffic and ad delivery rise and fall with algorithm updates, AI search features, policy changes, competitor activity, seasonality, negative SEO or fake reviews by others, and changes you or another vendor make to your website or accounts. None of these are within our control, and none entitle you to a refund. If a penalty, suspension or ranking loss is caused by something you did, something another vendor did, or a history that predates our work, recovery work is billable and fees continue during it.
Reporting and data. Our reports rely on data from third-party platforms and tools (Google, Meta, call tracking, the CRM, analytics). That data can be delayed, sampled, revised or inconsistent between tools. We report it in good faith but do not warrant its accuracy, and differences between tools are not evidence of an error on our part.
Errors and omissions. If we make an error in a campaign setting, a page or a deliverable, tell us and we will correct it promptly at no charge. Our responsibility for any such error is limited as described in Section 19; in particular, we are not responsible for ad spend consumed before an error is reported, beyond the limits in that section.
12. Pay-per-lead program
If you purchase leads from us under a pay-per-lead insertion order ("PPL Order"), the PPL Order governs pricing, minimum quantities, territory, lead definitions, credit rules and delivery. Unless the PPL Order says otherwise:
- Leads are generated by us through our own advertising and landing pages, are delivered to you only, and are not resold to other window and door companies in your territory.
- A lead is a homeowner who submitted a request through our campaign for the services and territory in your PPL Order. We do not guarantee that any lead will answer, set an appointment, or buy.
- Leads that fail the quality criteria in the PPL Order (for example wrong territory, disconnected number, duplicate, or a stated non-homeowner) are credited when reported within the time stated in the PPL Order. Credits are applied to future leads, not refunded in cash, unless the PPL Order says otherwise.
- Lead purchases are prepaid and, except for credits, non-refundable. Unused prepaid balances are not bank deposits and do not earn interest.
- Leads are delivered with the consent captured on our landing page at the time of the request. You are responsible for your own compliance when you contact leads, including telemarketing, text messaging, do-not-call, recording and consumer protection laws, and for honoring any opt-out a homeowner gives you.
- You may use lead data only to contact the homeowner about the requested services. You may not sell, share, rent or transfer lead data to anyone else.
13. Intellectual property
Our property. The Site and everything on it, including text, graphics, illustrations, logos, page layouts, code, scorecards, downloads and videos, are owned by WDMP or our licensors and are protected by copyright, trademark and other laws. Our methods, processes, strategies, campaign structures, ad and landing page templates, automations, workflows, reporting formats, training materials, software and know-how, including the Digital Dominance Method and anything we developed before or outside your engagement or that we reuse across clients ("WDMP Materials"), remain our property. You may not copy, reproduce, publish, distribute, modify, create derivative works from, sell or exploit the Site or the WDMP Materials except as these Terms or your Service Agreement allow. "Windows & Doors Marketing Pros," "Kocer Media," "Digital Dominance Method" and our logos are our trademarks; you may not use them without our written permission.
Your property. You own your business name, trademarks, logos, photos, videos, reviews, customer data, and the content you give us ("Client Materials"). You grant us a non-exclusive, royalty-free license to use, reproduce, edit and display the Client Materials to perform the Services, including in ads, landing pages, websites, social media and listings created for you, for the duration of the engagement and for as long as those assets remain live with your permission.
Deliverables. Subject to full payment, you own the final deliverables created specifically for you, such as your website content, your ad creative and your landing pages, excluding any WDMP Materials incorporated in them. To the extent WDMP Materials are included in deliverables, we grant you a non-exclusive, perpetual license to use them as part of those deliverables for your own business.
Portfolio and case studies. We may identify you as a client and describe the work we did for you in general terms. We will not publish your name together with your specific results or testimonials without your permission, which may be given in your Service Agreement, by email, or in a review you post publicly.
Feedback. If you send us ideas, suggestions or feedback, we may use them without restriction or compensation.
14. Confidentiality
Each of us agrees to keep the other's non-public business information confidential and to use it only for the engagement. For you, this includes our pricing, proposals, strategies, ad accounts and campaign structures, reporting and the WDMP Materials. For us, this includes your business figures, customer and lead data, and anything you mark confidential. Confidential information does not include information that is public through no fault of the receiving party, already known to the receiving party, independently developed, or lawfully received from someone else. Either of us may disclose confidential information when required by law, after giving the other reasonable notice where permitted. These obligations survive the end of the engagement for 3 years, and for as long as the information remains a trade secret.
15. Non-solicitation
Our team is the business. During your engagement and for 12 months after it ends, you agree not to directly or indirectly recruit, solicit, hire or engage as a contractor any employee or contractor of ours who worked on your account, without our written consent. If you do, you agree to pay us a placement fee equal to 50% of that person's total compensation for their first 12 months with you, as a reasonable estimate of our recruiting and training costs and not as a penalty. This section does not prevent you from hiring someone who responds to a general job posting not directed at our team.
16. Acceptable use of the Site
You agree not to: use the Site for any unlawful purpose; copy, scrape, crawl, mirror or harvest content or data from the Site by automated means or otherwise, except for ordinary search engine indexing; copy our page designs, copy, scorecards, illustrations or layouts for use on another website or in competing materials; attempt to gain unauthorized access to the Site, our systems or other users' information; interfere with the Site's operation or security; submit false, misleading or malicious information or code; use the Site to send spam or unsolicited communications; impersonate anyone; or remove any copyright, trademark or other notices. We may monitor use of the Site and may block, limit or terminate access for anyone who violates these Terms, without notice.
17. Third-party platforms and links
The Services depend on platforms we do not control, including Google (Search, Ads, Business Profile, Local Services Ads, Analytics), Meta (Facebook and Instagram), WordPress and hosting providers, CRM, call tracking and messaging providers, and review platforms. Those platforms have their own terms and policies, which apply to your accounts. They change their rules, features, algorithms, pricing and policies without notice, and they may reject ads, suspend accounts, remove listings or change rankings for reasons outside our control. We are not responsible for the acts, omissions, outages, policy decisions or changes of any third-party platform, and such events do not entitle you to a refund or extend any guarantee, though we will work in good faith to resolve them with you.
The Site links to third-party websites and embeds third-party services for convenience. We do not control them and are not responsible for their content, products, practices or privacy policies. A link is not an endorsement.
18. Disclaimers
THE SITE, THE FREE TOOLS AND, EXCEPT AS EXPRESSLY STATED IN YOUR SERVICE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, RANKING, LEAD VOLUME, SALES OR RETURN. WE PERFORM THE SERVICES IN A PROFESSIONAL AND WORKMANLIKE MANNER, AND THAT IS OUR ONLY WARRANTY ABOUT THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
19. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WDMP, KOCER MEDIA INC., OR OUR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST LEADS OR SALES, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR WASTED ADVERTISING SPEND, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO US (EXCLUDING AD SPEND AND THIRD-PARTY COSTS) IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
No personal liability. Your claims, if any, are against Kocer Media Inc. only. You agree not to bring any claim against our owners, officers, employees, contractors or agents personally, and they may enforce this section and the other protections in these Terms as third-party beneficiaries.
These limitations apply even if a remedy fails of its essential purpose, and they are a fundamental part of the bargain between us. They do not limit liability that cannot be limited under applicable law, including liability for fraud or willful misconduct. If a jurisdiction does not allow some of these limitations, they apply to the maximum extent permitted.
20. Indemnification
You agree to defend, indemnify and hold harmless WDMP, Kocer Media Inc., and our owners, officers, employees, contractors and agents from and against all claims, demands, investigations, losses, damages, liabilities, fines, costs and expenses, including reasonable attorney's fees, arising out of or related to: (a) your business, products, services, installations, pricing, financing, warranties, licensing or insurance; (b) the Client Materials, or any claim, review, photo or content you provide or approve; (c) your contact with leads, customers or prospects, including any claim under telemarketing, text messaging, do-not-call, recording, consumer protection or privacy laws; (d) your use of the Site or the Services in violation of these Terms, your Service Agreement, the law, or a platform's policies; (e) a dispute between you and a customer, employee, contractor, vendor or competitor; or (f) your negligence or willful misconduct. We will notify you of any such claim and may participate in the defense with our own counsel at our expense. You may not settle a claim in a way that admits fault on our behalf or imposes obligations on us without our written consent.
21. Suspension and termination
Site. We may suspend or end your access to the Site or any free resource at any time, with or without notice, for any reason, including a violation of these Terms.
Services. The term, renewal, notice period and termination rights for the Services are set in your Service Agreement. Unless it says otherwise, either party may end an ongoing engagement with 30 days' written notice, fees already billed are not refunded, and fees for work performed through the end of the notice period remain due. We may suspend or terminate the Services immediately if you fail to pay, breach these Terms or the Service Agreement, ask us to act unlawfully or against platform policies, or if continuing would expose us to legal or reputational risk.
After termination. You will pay all amounts due. We will stop work, remove our team's access from your accounts, and, on request made within 30 days after termination, provide a reasonable export of your data from any tool we provided. After that window we may delete it. Sections 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 22 and 25 survive termination.
22. Dispute resolution and arbitration
Please read this section carefully. It affects your legal rights.
Governing law. These Terms and any dispute arising out of or relating to them, the Site or the Services are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules.
Talk first. Before starting any formal proceeding, the party raising a dispute will send the other a written notice describing the dispute and the relief sought, and the parties will try in good faith to resolve it within 30 days. Notices to us go to the contact in Section 26. Most disputes are resolved this way.
Binding arbitration. If a dispute is not resolved within 30 days, it will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before a single arbitrator. The arbitration will take place in Miami-Dade County, Florida, or by video conference if the parties agree. The arbitrator may award any relief a court could award to the individual party, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section. Each party bears its own attorney's fees and costs unless the Service Agreement or applicable law provides otherwise, in which case the arbitrator may award fees to the prevailing party.
Exceptions. Either party may bring an individual claim in small claims court in Miami-Dade County, Florida if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or to enforce Sections 15 and 16, without first arbitrating.
Class action and jury waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Venue. For any matter not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.
Time limit. Any claim arising out of or relating to these Terms, the Site or the Services must be brought within one year after it arises, or it is permanently barred, to the extent the law allows this limit.
23. Electronic communications and signatures
You agree to receive agreements, notices, invoices and other communications from us electronically, by email, text, our client platform or the Site, and that electronic communications satisfy any requirement that they be in writing. You agree that electronic signatures, click-to-accept, and acceptance by email or through an e-signature or document platform are valid and binding, to the same extent as a handwritten signature.
24. Changes to these Terms
We may update these Terms from time to time. The date at the top shows when they were last revised. Changes take effect when posted on the Site, except that material changes affecting an active Service Agreement take effect at the start of your next billing period after we notify you. Your continued use of the Site or the Services after changes take effect means you accept the updated Terms. If you do not agree, stop using the Site and, for the Services, follow the termination terms in your Service Agreement.
25. General terms
- Entire agreement. These Terms, the Privacy Policy and your Service Agreement are the entire agreement between you and us about their subject matter and replace any prior proposals, understandings or statements, including anything said on a sales call that is not in the Service Agreement.
- Independent contractor. We are an independent contractor, not your employee, partner, joint venturer, agent or fiduciary. Nothing here creates an exclusive relationship except the market exclusivity we may grant in a Service Agreement.
- Subcontractors. We may use employees, contractors and vendors of our choice to perform the Services, and we remain responsible for their work.
- No reliance. You confirm that you are not relying on any statement, projection, estimate or promise that is not written in your Service Agreement or these Terms, including anything said on a sales or demo call.
- Assignment. You may not assign or transfer these Terms or your Service Agreement without our written consent. We may assign them to an affiliate or a successor to our business.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages, policy changes or account actions by third-party platforms, internet failures, natural disasters, hurricanes, pandemics, strikes, war or government action. Payment obligations are not excused.
- Severability. If any part of these Terms is held invalid or unenforceable, the rest remains in effect, and the invalid part will be enforced to the maximum extent permitted. If the class action waiver in Section 22 is found unenforceable for a particular claim, the arbitration agreement does not apply to that claim and it will proceed in court under the venue clause.
- No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Notices. Notices to us must be sent by email to the address in Section 26 with a copy by mail to our business address on request. Notices to you may be sent to the email address you gave us.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation."
26. Contact
Kocer Media Inc., doing business as Windows & Doors Marketing Pros
St. Petersburg, Florida 33702
Phone: (305) 501-6979
Email: support@kocermedia.com