Terms of service.

These Terms of Service ("Terms") govern your use of webtoro33.com (the "Site") and any services provided by Webtoro33 ("we," "us," "our"). By using the Site or engaging Webtoro33 for services, you agree to these Terms. If you do not agree, do not use the Site or engage our services.

Two things in one document. Part A covers your use of this website. Part B covers the engagement terms that apply when you hire Webtoro33 to build or run marketing for your business. Every paid engagement is also governed by a signed statement of work that takes precedence over Part B on anything it addresses.

Part A — Website use

1. Eligibility

The Site is intended for business use. By using it, you represent that you are at least 18 years old and acting on behalf of yourself or an entity you are authorized to bind.

2. Acceptable use

You agree not to:

Attempt to disrupt, overload, probe, or reverse-engineer the Site or its infrastructure.
Scrape the Site other than through public crawlers that respect our robots.txt.
Submit information that is false, misleading, or not yours to submit.
Use the Site or its content to compete with Webtoro33 or to train commercial derivative services without written permission.

3. Site content and intellectual property

All content on webtoro33.com — including copy, logos, layout, illustrations, and code — is owned by Webtoro33 or licensed to us and is protected by United States copyright and trademark law. You may link to pages on the Site and quote short passages with attribution. All other uses require written permission.

4. Third-party links

The Site may link to third-party resources (legal citations, vendor policies, public articles). We do not control those resources and are not responsible for their content or practices.

5. Site warranty disclaimer

The Site is provided "as is" and "as available." We do not warrant that it will be uninterrupted, error-free, secure against every threat, or suitable for any particular purpose. To the fullest extent permitted by law, Webtoro33 disclaims all implied warranties related to the Site.

Part B — Service engagement terms

6. Services

Webtoro33 provides performance marketing services including: website design and development, local SEO, Google Ads and Local Services Ads management, reputation management, email and SMS marketing automation, growth strategy, accessibility auditing, and ADA compliance remediation.

7. Statement of work

Each engagement is governed by a written statement of work ("SOW") signed by both parties. The SOW defines scope, deliverables, timeline, fees, and any exceptions to these Terms. Where the SOW and these Terms conflict, the SOW controls.

8. Engagement length

Unless the SOW says otherwise, engagements are 12 months minimum, measured from the SOW start date. Month-to-month extensions are available after the initial term.

9. Pricing and payment

Packages start at $15,000 and scale with scope. Exact pricing is stated in the SOW before signing.
Invoices are due net 15 unless the SOW states otherwise.
Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
Third-party costs (ad spend, software subscriptions, stock media) are separate from fees and are billed at cost or prepaid by the client.

10. Client responsibilities

A marketing engagement is a collaboration. To deliver on schedule we need:

Timely responses (within 3 business days on questions and approvals).
Access to required accounts (Google Business Profile, domain registrar, hosting, analytics) when the SOW calls for it.
Accurate business information, licenses, insurance, hours, service areas, and testimonials you have permission to use.
Content assets (photos, video, testimonials) delivered on the timeline specified in the SOW. Schedules slip when assets are late.

11. Intellectual property

You own your content. Copy, photos, testimonials, and business information you provide remain yours.
You own the final deliverable once the engagement is paid in full — the website, campaign copy, creative, and strategy documents produced specifically for you.
We retain our framework. The Webtoro33 code framework, component library, build pipeline, audit tooling, internal playbooks, rule plugins, and underlying patterns are our property. Your deliverable may be implemented on top of that framework but does not transfer ownership of it.
Case studies and portfolio. Unless the SOW prohibits it, we may reference your engagement and results publicly in our portfolio, case studies, and marketing, using only information you have already made public.

12. Accessibility representations

Every Webtoro33-built website is designed and tested to conform to WCAG 2.2 Level AA at launch, the standard used by U.S. courts to evaluate ADA Title III compliance. We ship launch-day audit reports with every site and archive them for 36 months.

Accessibility is a living property of a website. Content changes, third-party embeds, and browser or assistive-technology changes can introduce new barriers after launch. Our conformance representation is accurate at the time of launch and at the time of each documented audit. It is not a perpetual warranty against every future change.

WCAG conformance is widely recognized but does not, by itself, guarantee protection from ADA, Unruh Civil Rights Act, or EAA claims. Courts weigh facts, not marketing statements. If you face a demand letter or lawsuit, contact us immediately and consult qualified counsel.

13. Performance statements and testimonials

Statements like "more leads," "revenue growth," "ranking improvements," and case study figures describe results observed with specific clients in specific markets at specific times. They are not guarantees of comparable results for you. Your results depend on your market, your operations, your closing rate, your pricing, and your ability to respond to leads. Testimonials reflect individual client experiences. Results vary by project scope and market conditions.

14. Warranties and disclaimers

We warrant that we will perform the services with the skill and care reasonably expected of a professional marketing agency and that deliverables will conform to the SOW. Except for that and any express warranty in the SOW, services are provided "as is" and we disclaim all implied warranties including merchantability and fitness for a particular purpose.

15. Limitation of liability

To the fullest extent permitted by law, Webtoro33's aggregate liability to you for any claim arising out of or related to these Terms or an engagement will not exceed the fees you actually paid us in the 12 months preceding the event giving rise to the claim. We will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost data, or lost business opportunity, even if advised of the possibility of such damages. This limitation does not apply to liability that cannot be limited by law (for example, gross negligence, willful misconduct, or indemnification obligations where state law prohibits limitation).

16. Indemnification

You agree to indemnify and hold Webtoro33 harmless from any claim arising out of (a) content, materials, logos, testimonials, licenses, or credentials you supplied that turn out to be inaccurate, unauthorized, or infringing; (b) your use of deliverables in a way that violates law or the SOW; or (c) your operation of campaigns that make claims we did not approve.

17. Termination

For cause. Either party may terminate for material breach if the other party does not cure within 15 days of written notice.
Non-payment. We may suspend work and terminate if an invoice is past due more than 30 days.
On termination, we deliver work completed through the effective date. Fees earned through that date are non-refundable. You owe any prepaid third-party costs already committed.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute arising out of these Terms or an engagement will be resolved exclusively in the state or federal courts located in Fresno County, California, and each party consents to personal jurisdiction there. Before filing, the parties agree to attempt a 30-day good-faith negotiation, followed by mediation if negotiation fails.

19. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, utility outages, major platform outages (Google, hosting providers), government action, or public-health emergencies. The affected party will give prompt notice and resume performance as soon as practical.

20. Changes to these Terms

We may update these Terms from time to time. The "Effective" date at the top of this page reflects the current version. Material changes will be announced on the homepage or via email to active clients for at least 30 days before taking effect. Your continued use of the Site or services after the effective date constitutes acceptance.

21. Miscellaneous

Entire agreement. These Terms, together with any SOW and the Privacy Policy, constitute the entire agreement between you and Webtoro33 on the subject matter.
Severability. If any provision is held unenforceable, the rest remain in effect.
No waiver. Our failure to enforce a provision does not waive it.
Assignment. You may not assign these Terms or an SOW without our written consent. We may assign to an affiliate or to a successor in connection with a sale or reorganization.
Notices. Legal notices should be sent to [email protected] with a copy via first-class U.S. mail to the address we provide on request.

Contact

Webtoro33
Central Valley, California
[email protected]

These Terms are provided for transparency. They are not legal advice. For advice about your specific situation, consult qualified counsel.