Terms of Service

01. Acceptance of Terms

These Terms of Service (these "Terms") constitute a legally binding agreement between you (whether individually or on behalf of the medical practice, clinic, or business entity you represent, "User," "you," or "your") and The Smart Marketing Company (referred to herein as "TSMC," "we," "us," or "our"), governing your access to and use of thesmartmarketingcompany.com and any related web pages, interactive tools, strategy intake portals, and advisory services.

Please read these Terms carefully before utilizing our website. By accessing thesmartmarketingcompany.com, requesting a Spark Strategy Call, or otherwise interacting with our services, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website.

02. Description of Services

The Smart Marketing Company delivers high-performance website design, empathy-led copy architecture, conversion optimization systems, and growth advisory services tailored specifically for cash-pay medical practices, functional medicine clinics, longevity centers, restorative health providers, and elective wellness practices.

Content provided on this website, including case studies, framework breakdowns, conversion formulas, and strategy call audits, is created solely for promotional, educational, and business growth planning purposes.

03. Healthcare & Clinical Practice Disclaimer

You acknowledge and agree that your medical practice, clinic, and licensed practitioners retain total, exclusive responsibility for:

• Maintaining active state medical licenses, certifications, and clinical compliance.
• Direct clinical patient care, medical assessments, diagnostic accuracy, and treatment safety.
• Adhering to all applicable state medical board advertising regulations, Truth-in-Advertising statutes, and clinical disclosures.
• Complying with federal and state healthcare privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), when collecting or handling patient medical records.

04. User Eligibility & Representations

By using this website or submitting an intake request for a strategy consultation, you represent and warrant that:

• You are at least 18 years of age and possess the legal authority to enter into these Terms.
• You are an owner, physician, clinic director, practice manager, or designated authorized representative of an active commercial medical or wellness practice.
• All information you submit through our intake forms (including practice name, website URL, and contact details) is truthful, accurate, and current.

05. Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all software, code, copy, narrative frameworks, text, displays, graphics, illustrations, design systems, audio, and video) are owned by The Smart Marketing Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and browse thesmartmarketingcompany.com for internal business evaluation purposes. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, republish, download, or transmit any proprietary materials without our prior written consent.

06. Consultations & Spark Strategy Calls

We offer complimentary 15-Minute Spark Strategy Calls to qualified cash-pay practice owners. Submitting an intake form does not guarantee the scheduling or availability of a consultation. TSMC reserves the unilateral right to review, reschedule, or decline strategy calls if a submission is incomplete, fraudulent, outside our area of practice specialization, or submitted by automated scripts.

07. Earnings & Outcome Disclaimer

Individual medical practice performance depends on numerous external and internal factors beyond our control, including geographic competition, clinical reputation, pricing structure, practitioner bedside manner, front-desk intake responsiveness, local demographic affluence, and patient follow-through. We do not make any guarantees regarding search rankings, patient consult volume, or revenue generated.

08. Acceptable Use & Prohibited Conduct

You agree not to use thesmartmarketingcompany.com:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any spam or unsolicited contact.
• To impersonate or attempt to impersonate TSMC, a TSMC team member, another practice owner, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the site, or which may harm TSMC or users of the site.
• To use any robot, spider, crawler, or other automatic device, process, or means to access the website for any unauthorized purpose, including monitoring, copying, or scraping site content.
• To introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.

09. Third-Party Links & Integrations

Our website may contain links to third-party websites, external platforms, scheduling software, or automation services (such as Make.com) that are not owned or operated by TSMC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You access third-party platforms entirely at your own risk.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THESMARTMARKETINGCOMPANY.COM IS AT YOUR SOLE RISK. THE WEBSITE, ALL CONTENT, MATERIALS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TSMC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SMART MARKETING COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF CLINIC PROFITS, PATIENT LEADS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, REGARDLESS OF THE LEGAL THEORY ASSERTED.

IN NO EVENT SHALL TSMC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THESMARTMARKETINGCOMPANY.COM EXCEED THE AMOUNT PAID BY YOU TO TSMC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless The Smart Marketing Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or your use of the website.
• Any content or clinical representations you provide to us for display on your practice website or marketing assets.
• Any disputes, malpractice claims, clinical injuries, or complaints between your practice and your patients or third-party insurers.

13. Governing Law & Mandatory Dispute Resolution

All matters relating to the website, these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Arizona, United States, without giving effect to any choice or conflict of law provision or rule.

Any dispute, controversy, or claim arising out of or relating to these Terms or your interaction with TSMC shall be resolved through confidential, binding arbitration administered in accordance with the commercial arbitration rules of the American Arbitration Association (AAA).

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING, AND YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Severability & Entire Agreement

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and The Smart Marketing Company regarding your use of thesmartmarketingcompany.com and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

15. Contact Information

Questions, formal legal notices, or feedback regarding these Terms of Service should be directed to our compliance team: