1. Scope of Services

Books Open Media provides marketing systems, CRM configuration, funnel architecture, automation workflows, digital consulting, and related business growth infrastructure.

All services are provided on a contractual and professional basis. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

Nothing on this website constitutes a guarantee of business performance or financial outcome.

2. Acceptable Use

You agree to use our website and services lawfully and in compliance with all applicable regulations, including advertising, consumer protection, data privacy, and electronic communication laws.

You may not:

Reverse engineer or replicate proprietary systems

Access restricted systems without authorization

Use our services for unlawful marketing practices

Engage in fraudulent, misleading, or abusive conduct

We reserve the right to suspend or terminate services for violations.

3. Client Responsibility & Compliance

Clients remain solely responsible for:

Compliance with SMS, email, and advertising regulations (including TCPA, CAN-SPAM, and applicable state laws) Obtaining proper consumer consent Ensuring truthfulness of marketing claims Managing ad spend and campaign decisions

Books Open Media provides systems and strategic support but does not assume liability for how clients deploy or execute campaigns.

4. Payment Terms

All fees, retainers, and project payments are defined in your service agreement, proposal, or invoice. Payments must be made according to agreed timelines.

Failure to remit payment may result in service suspension, revocation of access, or termination.

Unless otherwise stated in writing, all payments are non-refundable.

You remain responsible for third-party platform fees associated with your systems.

5. Intellectual Property Rights

All proprietary systems, frameworks, automation logic, templates, workflows, copy structures, strategies, branding materials, and methodologies developed by Books Open Media remain our exclusive intellectual property unless otherwise agreed in writing.

Clients are granted a limited, revocable, non-transferable license to use deliverables for internal business purposes only.

You may not reproduce, resell, license, distribute, or commercially exploit our proprietary systems without written authorization.

6. No Guarantee of Results

Business growth involves risk. While we implement proven systems and frameworks, we make no guarantees regarding:

Revenue generation

Lead volume

Conversion rates

Advertising performance

Business growth outcomes

Results depend on multiple external factors beyond our control.

7. Third-Party Platforms

Our services may integrate with third-party platforms including CRM systems, hosting providers, email and SMS communication platforms, analytics providers, advertising networks, and payment processors. These platforms are used solely to support the delivery, operation, and performance of our services.

Your use of any third-party platform is subject to that provider’s respective terms, policies, and conditions. Books Open Media is not responsible for platform outages, account suspensions, policy changes, data loss caused by third parties, or fee adjustments imposed by external providers.

When you provide consent to receive SMS communications from us, that consent is used solely for the purpose of delivering messages through our authorized messaging service providers. SMS opt-in data and consent will not be sold, shared, rented, or disclosed to third parties for marketing purposes. We may share such information only with trusted SMS delivery providers strictly as necessary to facilitate message transmission and in compliance with applicable laws.

8. Limitation of Liability

To the fullest extent permitted by law, Books Open Media shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, loss of data, business interruption, or reputational harm.

Our total cumulative liability for any claim arising out of or related to our services shall not exceed the total amount paid to us by you in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Books Open Media and its affiliates, officers, employees, and contractors from any claims, damages, liabilities, costs, or legal expenses arising from:

Your business practices

Your marketing campaigns

Your violation of laws or regulations

Your misuse of our systems

10. Dispute Resolution & Arbitration

In the event of a dispute arising from these Terms or our services, the parties agree to first attempt to resolve the matter informally through written notice and good-faith negotiation.

If resolution cannot be reached, any dispute, claim, or controversy shall be resolved through binding arbitration administered in the State of California, in accordance with the rules of the American Arbitration Association.

You agree that:

Arbitration shall be conducted on an individual basis

Class actions and class arbitrations are waived

You waive the right to a jury trial

The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

11. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

12. Modifications

We reserve the right to update these Terms at any time. Updated versions will be posted with a revised effective date. Continued use of our services constitutes acceptance of the revised Terms.

13. SMS Communications

By providing your phone number through our website, forms, booking pages, or other communication channels, you consent to receive SMS (text message) communications from Books Open Media.

Description of SMS Use Cases

SMS messages may include, but are not limited to:

Appointment confirmations and reminders

Account notifications and service updates

Support-related communications

Marketing or promotional messages (where consent has been provided)

Message frequency may vary depending on your interaction with our services.

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying “STOP” to any message. After opting out, you will no longer receive SMS communications unless you re-subscribe.

For assistance, reply “HELP” or contact us at [email protected].

Message & Data Rates

Message and data rates may apply depending on your mobile carrier and service plan. Books Open Media is not responsible for carrier charges.

Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your mobile carrier and is not guaranteed by Books Open Media.

Age Restriction

SMS communications are intended for individuals who are at least 18 years of age. By opting in to receive text messages, you represent that you are 18 years or older.

SMS opt-in data and consent will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Such information is used solely for communication through our authorized messaging service providers in accordance with applicable laws.

14. Contact Information

Books Open Media

[email protected]