TERMS OF SERVICE
San Diego Marketing Pros
Last Updated: June 9, 2026
Please read these Terms of Service carefully before using sdmarketingpros.com (the “Site”). By accessing or using the Site in any way, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “user”) and San Diego Marketing Pros (“SDMP,” “we,” “us,” or “our”), operated by Patrick Kilcoyne, located in Chula Vista, California. These Terms govern your access to and use of the Site, including all content, features, forms, and functionality made available through it.
Your use of the Site constitutes your acceptance of these Terms in their entirety, including our Privacy Policy, Cookie Policy, and Accessibility Policy, each of which is incorporated herein by reference. If you are using the Site on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Site with an updated “Last Updated” date. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
2. DESCRIPTION OF SITE AND SERVICES
The Site is a marketing and informational website operated by SDMP, a boutique digital marketing agency serving contractors, remodelers, and home-service businesses. The Site provides general information about our services, allows prospective clients to contact us, and may include educational content, blog posts, case studies, and related materials.
The Site is intended for business-to-business use. Our primary audience is business owners and decision-makers in the home-service and remodeling industries. The Site is not intended for use by consumers seeking personal services or by individuals under the age of 18.
Nothing on the Site constitutes a binding offer to provide services. Any engagement of SDMP’s services requires a separate, signed Statement of Work or service agreement between SDMP and the client.
3. INTELLECTUAL PROPERTY
A. SDMP Content
All content on the Site, including but not limited to text, graphics, photographs, video, logos, brand identifiers, page designs, case studies, service descriptions, pricing information, blog posts, and any other materials (collectively, “SDMP Content”), is the exclusive property of San Diego Marketing Pros or its licensors and is protected by United States copyright law, trademark law, and other applicable intellectual property laws.
You may not reproduce, copy, distribute, publish, transmit, modify, create derivative works from, display, perform, sell, or exploit any SDMP Content without our prior written consent. Linking to the Site’s homepage for non-commercial purposes is permitted, provided that the link does not suggest any affiliation, sponsorship, or endorsement by SDMP that does not exist.
B. Client and Portfolio Content
Photographs, videos, and project documentation featured on the Site may include work performed for clients under separate service agreements. Such content is displayed with appropriate licensing rights. Third parties may not reproduce, download, or repurpose client work shown on this Site without the written consent of both SDMP and the relevant client.
C. User-Submitted Content
If you submit any content to us through the Site, including through contact forms, inquiry fields, or any other input mechanism, you grant SDMP a non-exclusive, royalty-free, perpetual license to use, store, and reference that content as necessary to respond to your inquiry and conduct our business. You represent that any content you submit does not infringe the rights of any third party.
D. Feedback
Any feedback, suggestions, or ideas you submit to SDMP regarding the Site or our services may be used by us without restriction, compensation, or attribution to you.
4. PERMITTED USE AND PROHIBITED CONDUCT
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree that you will not:
– Use the Site in any way that violates applicable federal, state, or local law or regulation
– Submit false, misleading, or fraudulent information through any form or contact channel on the Site
– Impersonate any person or entity, or misrepresent your affiliation with any person or entity
– Use automated tools, bots, scrapers, crawlers, or scripts to access, index, copy, or monitor the Site or any portion of its content without our prior written consent
– Attempt to probe, scan, or test the vulnerability of the Site or any associated systems or networks
– Introduce any viruses, malware, or other harmful code into the Site or its underlying infrastructure
– Interfere with or disrupt the integrity or performance of the Site
– Harvest, collect, or compile any personally identifiable information from the Site without authorization
– Use any content from the Site for competitive intelligence, comparative advertising, or any other commercial purpose without our written consent
– Attempt to gain unauthorized access to any portion of the Site, its servers, or any related database or system
– Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that could harm SDMP or expose SDMP to liability
We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any conduct we determine to be in violation of these Terms or harmful to our interests or the interests of other users.
5. CONTACT FORMS AND INQUIRIES
The Site contains contact forms and inquiry mechanisms through which you may submit your name, business name, email address, phone number, and other information to request information about our services. By submitting a form, you:
– Consent to being contacted by SDMP at the information provided, including by email and phone
– Acknowledge that submission of a form does not create any contractual relationship between you and SDMP, and does not obligate SDMP to provide any services or respond within any specified timeframe
– Agree that SDMP may use the information you provide to follow up regarding our services and, if you have opted in, to send marketing communications
SDMP does not guarantee that all inquiries will receive a response. Submission of an inquiry through the Site does not constitute acceptance of a service engagement.
6. NO PROFESSIONAL ADVICE
All content on the Site, including blog posts, articles, guides, case studies, service descriptions, and any other materials, is provided for general informational and marketing purposes only. Nothing on the Site constitutes legal, financial, tax, accounting, regulatory, or other professional advice.
Specifically:
– Marketing strategies, pricing examples, or case studies discussed on the Site are illustrative and may not produce the same results for your business. Results vary based on market conditions, budget, competition, execution, and other factors outside our control.
– No content on the Site should be relied upon as a substitute for consultation with a qualified professional in the relevant field.
– References to third-party tools, platforms, software, or services on the Site are for informational purposes only and do not constitute endorsements or recommendations. SDMP is not responsible for the performance, accuracy, or availability of any third-party products or services mentioned.
You rely on any content from the Site at your own risk.
7. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SDMP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
– IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
– WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
– WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE
– WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SDMP OR ANY OF ITS REPRESENTATIVES CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SDMP, ITS OWNER, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO:
– LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
– DAMAGES ARISING FROM RELIANCE ON ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE
– DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
– DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF SDMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SDMP’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO SDMP IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF YOU ARE IN SUCH A JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SDMP, its owner, officers, employees, agents, contractors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or related to:
– Your use of or access to the Site
– Your violation of these Terms
– Your violation of any applicable law or regulation
– Any content or information you submit through the Site
– Any claim that content you submitted infringes or misappropriates any third-party right
SDMP reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim.
10. THIRD-PARTY LINKS AND INTEGRATIONS
The Site may contain links to third-party websites, platforms, tools, or resources. These links are provided for informational convenience only. SDMP does not endorse, control, or assume responsibility for the content, privacy practices, accuracy, or availability of any third-party site or resource. Your use of any third-party site is governed entirely by that site’s own terms and policies.
The Site also integrates third-party tools including analytics platforms, advertising pixels, form providers, and tracking technologies. Use of these integrations is subject to the applicable terms and privacy policies of those third-party providers, as further described in our Privacy Policy and Cookie Policy.
SDMP is not liable for any harm or damages resulting from your interaction with any third-party content, site, or service accessed through or in connection with the Site.
11. PRIVACY AND DATA COLLECTION
Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using the Site, you consent to the data collection, use, and sharing practices described in those policies, including the use of cookies, advertising pixels, analytics tools, and call tracking technologies.
Please review our Privacy Policy and Cookie Policy before submitting any personal information through the Site.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect the intellectual property rights of others and expect users of the Site to do the same. If you believe that content on the Site infringes your copyright, please send a written notice to the address below that includes:
– A description of the copyrighted work you claim has been infringed
– A description of where the allegedly infringing material is located on the Site
– Your contact information, including name, address, phone number, and email
– A statement that you have a good faith belief that the use is not authorized
– A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
– Your physical or electronic signature
Send DMCA notices to:
San Diego Marketing Pros
Patrick Kilcoyne
Chula Vista, CA
Email: [email protected]
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Site shall be resolved as follows:
A. Informal Resolution First
Before initiating any formal proceeding, you agree to contact us at [email protected] and provide a written description of the dispute and the relief sought. We will attempt to resolve the dispute informally within 30 days of receiving your notice.
B. Binding Arbitration
If the dispute is not resolved informally, it shall be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, or such other arbitration provider as the parties mutually agree upon. The arbitration shall be conducted in San Diego County, California, or by videoconference. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
C. Class Action Waiver
YOU AND SDMP 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
D. Exceptions
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, or to prevent imminent harm that cannot be adequately remedied through arbitration.
E. Venue
To the extent any claim proceeds in court rather than arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in San Diego County, California.
14. CALIFORNIA-SPECIFIC DISCLOSURES
As a California-based business, we are subject to California law, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Your rights under California law are described in our Privacy Policy.
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a complaint regarding the Site, you may contact us at the address below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N112
Sacramento, CA 95834
Phone: (800) 952-5210
15. CHILDREN’S PRIVACY
The Site is not directed at or intended for use by individuals under the age of 18. We do not knowingly collect personal information from minors. If you are under 18, do not use the Site or submit any information through it. If we become aware that we have collected personal information from a minor without parental consent, we will take steps to delete that information promptly.
16. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Cookie Policy, and Accessibility Policy, constitute the entire agreement between you and SDMP with respect to your use of the Site and supersede all prior agreements, representations, and understandings relating to the same subject matter.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
SDMP’s failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other right.
17. CONTACT INFORMATION
For questions, concerns, or legal notices regarding these Terms, please contact:
San Diego Marketing Pros
Patrick Kilcoyne
Chula Vista, CA
Email: [email protected]
Phone: (619) 736-9072
Website: sdmarketingpros.com
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