Website Terms of Use

Version: February 1, 2018
Last Updated: January 1, 2025

The Branding LLC (“The Branding,” “we,” “us,” or “our”) operates each website (each, a “Site”) that links to these Terms of Use to provide online access to information about The Branding and our products, services, and opportunities. Use of our sales and marketing software and service platform (the “Platform”) is also governed by separately provided Service Terms or another written agreement.

By accessing or using any Site, you agree to be bound by these Terms of Use (the “Terms”). If you do not agree, you must not use the Site.

We may revise these Terms from time to time. If we do, the updated date above will change. Your continued use of the Site after changes are posted means you accept the revised Terms.

Short “plain-language” summaries are included for convenience only. The legal text controls if there’s any conflict.

1. Permitted Use of the Site

You may use the Site, and any information, text, images, video, audio, or other materials you see, hear, or otherwise experience on the Site (collectively, the “Content”) solely:

• For your personal, non-commercial use;
• For your own educational or informational purposes; and
• To learn about The Branding’s products and services;

and only in compliance with these Terms and all applicable laws.

2. Prohibited Use of the Site

By accessing the Site, you agree that you will not:

• Use the Site in any way that violates these Terms;
• Use the Site in violation of The Branding’s Acceptable Use Policy (included below);
• Copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code for the Site or Platform, or permit any third party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in the Content, the Site, the Platform, or any other product or service we offer (collectively, our “Services”), or make them available to a third party in any way not expressly permitted by us in writing;
• Use or launch any automated system (including “robots,” “spiders,” “offline readers,” or similar tools) that sends more requests to the Site in a given period of time than a human could reasonably produce using a standard web browser;
• Use the Site in any manner that could damage, disable, overburden, or impair any The Branding server or network, or interfere with anyone else’s use of the Site;
• “Mirror” or “frame” any portion of the Site on another website or web page;
• Attempt to gain unauthorized access to any portion or feature of the Site, or to any other systems or networks connected to the Site;
• Access the Site by any means other than the interface provided by The Branding; or
• Use the Site for any illegal or unlawful purpose, or in violation of any applicable law, rule, or regulation.

Any unauthorized use of the Site or Content may violate copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Site is based on proprietary technology owned or licensed by The Branding and includes the Content. The Site and Content are protected by intellectual property and other laws, including copyright and trademark laws.

All rights, title, and interest in and to the Site and all related intellectual property are owned by The Branding or its licensors. The Branding owns and retains all copyrights in the Content. Except as expressly permitted on the Site for specific Content, you may not copy, reproduce, modify, publish, upload, post, transmit, perform, or distribute the Content in any way.

You also agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Site or the Content, in whole or in part, without our prior written consent.

“The Branding,” any related logos, and other marks we use from time to time are trademarks of The Branding LLC. The overall appearance, layout, design, and “look and feel” of the Site may be protected as trade dress. No rights or licenses to use these marks or trade dress are granted by these Terms.

We may, at our discretion, use and incorporate any suggestions, feedback, or ideas you provide to us into our Site or Services without payment or obligation.

Pursuant to 17 U.S.C. § 512(c)(2), notifications of claimed copyright infringement on the Site or in the Services should be sent to our designated Copyright Agent (see Claims of Copyright Infringement below).

4. Information and Materials You Post or Provide

You represent and warrant that you have all rights, licenses, and permissions necessary for any content, data, information, text, images, or other materials you post to the Site or otherwise provide to The Branding (“Materials”). This includes any consents, releases, or authorizations from third parties (for example, for privacy or publicity rights).

You also represent and warrant that:

• Posting or submitting the Materials does not infringe any copyright, trademark, trade secret, privacy right, publicity right, moral right, or other right of any person or entity;
• You are providing accurate and truthful information about yourself and are not impersonating any person or entity;
• The Materials do not contain unlawful, threatening, harassing, defamatory, obscene, or otherwise offensive content; and
• You will not knowingly provide false or misleading information with an intent to deceive.

You are solely responsible for the Materials you provide and for any consequences of posting or submitting them.

5. Links to Third-Party Websites

The Site may include links to third-party websites or resources. These links are provided for your convenience only. If you use them, you will leave our Site.

Links do not mean that The Branding endorses, sponsors, or recommends the third party, the third-party website, or the information, products, or services found there. We are not responsible for:

• The availability of any such sites;
• Any content, advertising, products, services, or other materials on or available from such sites; or
• Any damage or loss arising from your use of such sites.

If you access websites of The Branding partners, vendors, or service providers via links from the Site, your use of those sites is governed by their own terms of use and privacy policies.

6. Downloading Files

We cannot and do not guarantee that files available for download from the Site will be free of viruses, malware, or other harmful code. You are responsible for implementing sufficient safeguards (such as antivirus software and data backups) to satisfy your requirements for the security and integrity of your systems and data.

7. Disclaimers; Limitation of Liability

THE SITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BRANDING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE; AND
• NON-INFRINGEMENT.

We do not warrant that:

• The Site or Content will meet your requirements;
• The Site will be available on an uninterrupted, timely, secure, or error-free basis; or
• The information on the Site is accurate, complete, or current. The Site and Content may contain errors, inaccuracies, or omissions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BRANDING OR ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE) ARISING OUT OF OR RELATED TO:

• YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT;
• ANY DELAY OR FAILURE OF THE SITE; OR
• ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SITE;

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE ABOVE, THE BRANDING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

8. Indemnification

You agree to indemnify, defend, and hold harmless The Branding, its owners (including Aaron Dominguez), officers, directors, employees, contractors, affiliates, business partners, licensors, and service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Site or Content;
• Your violation of these Terms; or
• Your violation of any rights of any other person or entity.

9. Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and share information about you.

10. Additional Terms of Service

If you are a customer of The Branding or an employee, representative, or agent of a customer, your use of the Platform or other paid Services may also be governed by additional Service Terms or a separate written agreement with The Branding. In the event of any conflict between such agreement and these Terms, the separate agreement will generally control with respect to the subject matter of that agreement.

11. General Provisions

a. Entire Agreement; No Waiver; Order of Precedence

These Terms constitute the entire agreement between you and The Branding regarding your use of the Site, except where you have a separate written agreement with us regarding the Platform or other Services. No waiver of any provision of these Terms shall be effective unless in writing, and no failure or delay by The Branding in enforcing any right shall be deemed a waiver of that or any other right.

Where you have a separate written agreement (such as Service Terms) with The Branding, that agreement will govern in the event of any conflict with these Terms regarding the specific Services covered by that agreement.

b. Correction of Errors and Inaccuracies

The Content may contain typographical errors or other mistakes, and may not always be complete or up-to-date. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any or all errors will be corrected.

c. Choice of Law; Venue

These Terms and any dispute arising out of or relating to your use of the Site or Content shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.

You agree that the exclusive jurisdiction and venue for any legal action or proceeding arising out of or related to these Terms, the Site, or the Content shall be the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

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

© 2025 The Branding LLC. All rights reserved.

Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) applies to any use of the Site, Platform, or other Services provided by The Branding, whether provided directly by us or through a third party. It is designed to promote lawful and responsible use of our Services and to protect our clients, their customers, and our reputation.

By using any Service, you agree to this AUP. You may not assist or encourage others to violate this AUP. We may monitor compliance and enforce this AUP using tools and methods we consider appropriate.

1. No Unsolicited Email (“Spam”)

You may not use any Service to send, transmit, handle, distribute, or deliver (directly or indirectly):

• Unsolicited commercial email or “spam” in violation of the CAN-SPAM Act or any other applicable law;
• Email to addresses collected through scraping, harvesting, or other deceptive or surreptitious methods;
• Email to addresses that you know (or reasonably should know) are inaccurate or have opted out, using industry best practices to honor unsubscribe requests; or
• Commercial electronic messages in violation of Canada’s Anti-Spam Legislation (CASL) or similar laws.

2. Email Content, Formatting, and Best Practices

Emails sent through or in connection with our Services may not:

• Use forged or misleading headers;
• Use invalid or non-existent domain names;
• Hide or obscure information identifying the point of origin or the transmission path;
• Use deceptive addressing techniques;
• Use any third party’s domain name or equipment without proper consent;
• Contain false or misleading subject lines or message content; or
• Use our trademarks, taglines, or logos without prior written authorization and in compliance with our brand guidelines.

You may not use our Services to email purchased, rented, or borrowed lists.

Each marketing email you send via our Services must include:

• Accurate header information;
• A clear explanation of how the recipient can opt out or unsubscribe; and
• Any legally required information, including where applicable CASL-required information.

You agree to promptly honor all unsubscribe, “do not email,” and “do not call” requests.

3. Telephone Marketing

If you use our Services for telephone marketing or call tracking, you must comply with all applicable laws, including but not limited to:

• The U.S. Telephone Consumer Protection Act (TCPA);
• The Do-Not-Call rules and related regulations; and
• Any state, federal, or international laws governing call recording, consent, and telemarketing.

You are responsible for obtaining all required consents prior to recording calls or sending automated messages.

4. No Disruption or Harmful Activity

You may not use our Services to:

• Interfere with the normal operation, privacy, integrity, or security of any system, network, or property;
• Gain unauthorized access to accounts, networks, systems, or data;
• Introduce malware, viruses, worms, Trojan horses, spyware, or any other harmful or destructive code;
• Engage in denial-of-service attacks, “mailbombing,” or similar disruptive activities; or
• Attempt security testing or vulnerability scanning of our Services without express written permission.

These restrictions apply regardless of intent, including accidental misuse.

5. Proper Usage of Our Service

You may not use the Services (directly or indirectly) with content or in a manner that:

• Is threatening, abusive, harassing, stalking, or defamatory;
• Is deceptive, fraudulent, or misleading;
• Violates another person’s privacy, publicity rights, or other legal rights;
• Contains vulgar, obscene, or otherwise unlawful material;
• Infringes any copyright, trademark, or other intellectual property right;
• Distributes copyrighted or protected material without necessary permissions;
• Uploads files containing viruses or corrupted data;
• Distributes files you know (or reasonably should know) cannot be legally shared;
• Removes or alters legal notices, author attributions, or proprietary labels;
• Restricts or inhibits another user from using or enjoying the Services;
• Harvests or collects information about others without consent;
• Violates usage policies of any ISP, ESP, carrier, or third-party platform; or
• Violates any applicable local, state, federal, or international law or regulation (including CAN-SPAM, CASL, TCPA, and export control laws).

You also agree you will not:

• Tamper with the security of the Services or other customer accounts;
• Access data not intended for you;
• Log into a server or account you are not authorized to use;
• Probe, scan, or test the vulnerability of the Services without authorization;
• Willfully render any part of the Services unusable;
• Lease, license, sell, or commercially exploit the Services for a third party’s benefit beyond what your subscription allows;
• Use the Services for time-sharing or service bureau purposes; or
• Provide evaluation access to the Services to third parties without our prior written consent.

6. Use of The Branding Trademarks

You may not use The Branding’s name, logo, tagline, or any similar mark in any way that suggests sponsorship, endorsement, or affiliation without our prior written permission. You may not alter, remove, or obscure any branding, notices, or identifiers supplied by or through our Services.

7. Enforcement and Consequences

If we believe you have violated this AUP, we may, without liability to you:

• Suspend or limit your access to the Services immediately;
• Terminate your subscription or other agreements with us for cause; and/or
• Remove or disable access to any content that we believe violates this AUP or applicable law.

We may disclose information about your use of the Services to comply with legal obligations, such as a subpoena, court order, or governmental request. Where legally permitted, we will attempt to notify you of such disclosure.

We reserve all rights to seek any other remedies available at law or in equity.

We may update this AUP from time to time by posting a revised version on our Site. The revised AUP becomes effective on the date posted (or as otherwise stated). Your continued use of the Services after that date constitutes your acceptance of the updated AUP.

Privacy Policy

Last Revised: January 1, 2025

The Branding LLC (“The Branding,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (the “Policy”) explains how we collect, use, share, and safeguard information when you:

• Visit our websites at thebranding.us and any related subdomains (the “Sites”);
• Use our marketing and sales software and service platform (the “Platform”); or
• Use other related services that link directly to this Policy (together with the Sites and Platform, the “Services”).

By using the Services, you consent to the practices described in this Policy. This Policy works together with, and does not limit, our Terms of Use or any applicable Service Terms.

Short summaries are provided for convenience only. The full Policy controls in case of inconsistency.

1. Information We Collect

1.1 Information You Provide

We may collect information that can identify you (“Personal Information”), including but not limited to:

• Name;
• Mailing address and location;
• Email address and phone number;
• Job title and company;
• Payment card information or other billing details (processed through secure third parties);
• Date of birth or other identifying details (if needed for verification or compliance);
• Photographs, testimonials, or reviews you submit; and
• Any other information you choose to provide.

You may provide Personal Information when you:

• Request information or customer support;
• Subscribe to newsletters, updates, or marketing communications;
• Register for an account or use our Platform;
• Complete a purchase or sign up for Services;
• Participate in surveys, promotions, or events;
• Submit comments, feedback, testimonials, or reviews.

1.2 Information Collected Automatically

When you access the Sites or Services, we may automatically collect certain information, such as:

• IP address and approximate location;
• Device identifiers and browser type;
• Operating system and version;
• Pages visited, links clicked, and time spent on the Sites;
• Referring website or URL;
• Network and connection information, such as bandwidth usage and performance metrics.

We typically collect this information using cookies, web beacons, and similar tracking technologies (see below).

2. Data Security and Retention

We use commercially reasonable administrative, technical, and physical safeguards to protect Personal Information. While we work hard to secure our systems, no method of transmission or storage is 100% secure. We cannot guarantee absolute security.

We retain Personal Information for as long as necessary to:

• Provide the Services;
• Fulfill the purposes outlined in this Policy;
• Meet our legal, accounting, or reporting obligations; or
• Resolve disputes and enforce agreements.

3. Accessing, Updating, or Deleting Your Information

You may request to:

• Access the Personal Information we maintain about you;
• Correct or update inaccurate Personal Information; or
• Delete certain Personal Information, subject to legal or contractual restrictions.

You can make these requests by contacting us using the information in How to Contact Us below. For your protection, we may need to verify your identity before fulfilling your request. We will respond within a reasonable timeframe and as required by law.

4. How We Use Personal Information

We may use Personal Information to:

• Provide, operate, and support the Sites and Services;
• Process and complete transactions, including billing and payments;
• Respond to your inquiries and requests;
• Communicate with you about your account, including service updates and security alerts;
• Send marketing communications, newsletters, and offers that may interest you (where permitted by law);
• Improve and personalize the Sites and Services, including analytics and research;
• Enforce our Terms of Use, Service Terms, or other agreements;
• Comply with legal obligations or respond to lawful requests by public authorities.

We may also use de-identified or aggregated data (which does not identify you personally) for analytics, research, marketing, and similar purposes.

5. How We Share Personal Information

We may share Personal Information in the following ways:

5.1 Service Providers and Contractors

We may share Personal Information with trusted third parties who perform services on our behalf, such as:

• Hosting and infrastructure providers;
• Payment processors;
• Email and marketing platforms;
• Customer relationship management (CRM) and support tools;
• Analytics and reporting tools;
• Collection agencies or fraud prevention providers, if necessary.

These parties are required to protect Personal Information and use it only for the services they provide to us.

5.2 Business Partners

We may share certain information with business partners or affiliates who help extend or complement our Services (for example, integration partners, co-marketing partners, or local marketing experts), subject to confidentiality and use restrictions.

5.3 Legal and Safety

We may disclose Personal Information if we believe in good faith that such disclosure is necessary to:

• Comply with a law, regulation, legal process, or government request;
• Protect the rights, property, or safety of The Branding, our clients, or the public;
• Enforce our agreements or investigate potential violations; or
• Detect, prevent, or address fraud, security, or technical issues.

5.4 Business Transfers

If The Branding is involved in a merger, acquisition, sale of assets, financing, or similar corporate transaction, Personal Information may be transferred as part of that transaction, in compliance with applicable law.

6. Information You Share Publicly

Some parts of the Sites or Services may allow you to post content (for example, comments, reviews, testimonials, or social media interactions). Any information you choose to make public may be visible to others and may be indexed by search engines.

We are not responsible for the use or disclosure of information you share publicly.

7. Children’s Privacy

The Services are not directed to children under 13, and we do not knowingly collect Personal Information from children under 13. If we learn that we have collected Personal Information from a child under 13 without appropriate consent, we will take steps to delete it.

8. Third-Party Websites and Services

The Sites may contain links to third-party websites or services. Their privacy practices may differ from ours. We encourage you to review the privacy policies of any third-party sites you visit. We are not responsible for the content or privacy practices of such third parties.

9. Cookies and Similar Technologies

We and our partners may use cookies, web beacons, and similar technologies to:

• Recognize you when you return to the Sites;
• Keep you signed in to certain features;
• Understand how visitors use the Sites;
• Improve site performance and usability; and
• Provide relevant advertising.

You can usually control cookies through your browser settings (for example, to block or delete cookies). However, disabling cookies may affect how some features of the Sites work.

10. Behavioral Advertising and Analytics

We may work with advertising networks and analytics providers that use cookies and similar technologies to collect information about your use of the Sites and other websites over time. This information may be used to serve interest-based (behavioral) advertisements.

To learn more or opt out of interest-based advertising in many regions, you can visit industry sites such as the Network Advertising Initiative (NAI) or Digital Advertising Alliance (DAA).

11. Email Communications and Opt-Out

We may send you:

• Service-related emails (account notifications, security alerts, updates);
• Marketing emails (newsletters, promotions, product updates), where permitted by law.

You can opt out of marketing emails at any time by clicking the “Unsubscribe” link in the email or by contacting us. Even if you opt out of marketing messages, we may still send transactional or service-related communications.

12. Governing Law and Relationship to Other Agreements

Your use of the Sites and Services, and any privacy-related disputes, are subject to this Policy, our Terms of Use, and any applicable Service Terms or other agreements. Where there is a conflict between this Policy and a separate written agreement regarding data or privacy, that separate agreement will typically control for the specific Services described in it.

13. Changes to this Policy

We may update this Policy from time to time. When we do, we will revise the “Last Revised” date at the top. If we make material changes, we may also provide additional notice (such as by email or prominent notice on the Sites), as required by law.

Your continued use of the Services after the revised Policy is posted means you accept the updated Policy.

14. Your Choices and Rights

Depending on where you live, you may have certain rights regarding your Personal Information, such as:

• The right to request access, correction, or deletion;
• The right to object to or restrict certain processing;
• The right to withdraw consent where processing is based on consent;
• The right to complain to a data protection authority.

To exercise any of these rights, please contact us using the details below. We will consider and respond to requests in accordance with applicable laws.

15. How to Contact Us

If you have questions, concerns, or requests regarding this Policy or our privacy practices, you can contact:

The Branding LLC
Attn: Privacy Officer / Aaron Dominguez
Email: privacy@thebranding.us

Mail: [Mailing Address – Insert Here]

© 2025 The Branding LLC. All rights reserved.