State of Georgia | Rev. 1343F05

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TERMS OF SERVICE – BAD MARKETING

Version Date: March 6, 2026

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TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy (www.badmarketing.com/policy/privacy-policy), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and BAD Marketing LLC and its affiliated companies, websites, applications, and tools (collectively, “Company,” “we,” “us,” or “our”), concerning your access to and use of https://badmarketing.com (the “Sites”).

The Sites provide marketing growth agency services, highlight services, and collect leads from interested clients (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated into this Agreement by reference.

The Company makes no representation that the Sites are appropriate or available in locations other than where the Company operates. Users accessing the Sites from other locations do so at their own initiative and are solely responsible for compliance with local laws, if applicable.

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MINORS

All users under 13 years of age are strictly prohibited from using the Sites or Company Services. Users aged 13–17 may use the Sites only with parental or guardian consent, and all users under 18 must comply with applicable laws regarding minors.

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ACCEPTANCE OF TERMS

You accept and agree to be bound by this Agreement:

• By acknowledging such acceptance during registration (if applicable), and
• By continuing to use the Sites or Company Services.

If you do not agree to this Agreement, or to future modifications, do not use the Sites or Company Services.

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USER REPRESENTATIONS

Registration

By using Company Services, you represent and warrant that:

1. All registration information you submit is truthful and accurate;
2. You will maintain the accuracy of such information;
3. You will keep your password confidential and are responsible for all use of your account;
4. You meet the age requirements above; and
5. Your use of the Company Services does not violate any applicable law or regulation.

You also agree to promptly update registration data to keep it accurate. Providing false or incomplete information may result in suspension or termination of your account.

The Company reserves the right to remove, reclaim, or change usernames at its discretion (e.g., if obscene or infringing on trademarks).

Content You Provide / Contributions

Users may submit content, comments, blogs, media, or other materials (“Contributions”). By posting Contributions:

• You grant the Company an unrestricted, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and create derivative works for any purpose, in any media now known or later developed.
• You retain ownership of your Contributions.
• Contributions must not be unlawful, offensive, defamatory, infringing, or otherwise objectionable.

The Company may edit, categorize, pre-screen, or remove Contributions at its discretion. Users may request removal, which the Company will process where reasonably feasible.

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SUBMISSIONS

All feedback, suggestions, or other communications regarding the Sites or Company Services (“Submissions”) are non-confidential. The Company may use them for any purpose without acknowledgment or compensation.

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PROHIBITED ACTIVITIES

You may not:

1. Impersonate others or use another’s username;
2. Engage in criminal or tortious activity;
3. Delete copyright or proprietary notices;
4. Harass or threaten Company employees or agents;
5. Use automated systems to access the Sites without authorization;
6. Collect user data for unsolicited email;
7. Systematically retrieve data to create databases or directories without permission;
8. Mislead Company or users to obtain sensitive information;
9. Compete with the Company or provide services as a service bureau;
10. Violate any applicable laws or regulations.

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INTELLECTUAL PROPERTY RIGHTS

All content, designs, trademarks, service marks, and logos (“Marks”) on the Sites are owned or licensed by the Company.

• Content is provided “AS IS” for personal, non-commercial use only.
• You may download or print content solely for personal, non-commercial use.
• Unauthorized copying, distribution, or commercial exploitation is prohibited.

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THIRD-PARTY WEBSITES

The Sites may contain links to third-party websites or content. The Company does not endorse or guarantee accuracy, reliability, or legality of such content. Purchases or interactions with third-party sites are solely between you and the third party.

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SITE MANAGEMENT

The Company may, at its discretion:

• Monitor Sites for violations;
• Take legal action against violators;
• Restrict, disable, or remove contributions or files;
• Manage the Sites to protect Company rights and system functionality.

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TERM AND TERMINATION

This Agreement remains in effect while you use the Sites.

• You may terminate your account at any time.
• The Company may suspend or terminate your access at its discretion, without notice, for violation of this Agreement or applicable law.
• Termination does not release you from obligations that survive termination, such as indemnification.

Cancellation Notice for Certain States: Individuals may cancel within 3 business days, excluding Sundays and holidays, by contacting Company Customer Care.

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MODIFICATIONS

• Agreement: The Company may update this Agreement at any time. Updates are effective upon posting.
• Services: The Company may modify, suspend, or discontinue services at any time.
• Users agree that continued use after updates constitutes acceptance.
• For material changes, the Company will provide notice via email when reasonably possible.

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DISPUTES

Governing Law & Jurisdiction

• Governed by Georgia law, excluding UCITA and the UN Convention on Contracts for International Sale of Goods.
• Venue: state and federal courts in Fulton County, Georgia.

Informal Resolution & Arbitration

• Parties agree to attempt informal negotiation for 30 days before arbitration.
• If unresolved, disputes are resolved via binding arbitration under AAA rules, with costs governed by AAA Consumer Rules.
• Arbitration is individual only; no class actions allowed.
• Exceptions: intellectual property disputes, allegations of theft, invasion of privacy, or injunctive relief.

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CORRECTIONS

The Company may correct errors, inaccuracies, or omissions on the Sites without prior notice.

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DISCLAIMERS

• Use of the Sites and Company Services is at your own risk.
• The Company disclaims all warranties, including:
  • Accuracy or completeness of content;
  • Fitness for a particular purpose;
  • Non-infringement.
• Marketing results are not guaranteed.

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LIMITATION OF LIABILITY

• Company’s liability is limited to the amount paid for services in the 3 months prior to a claim.
• Certain state laws may limit disclaimers; some rights may still apply.
• California residents waive Civil Code §1542 to the extent allowed by law.

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INDEMNITY

You agree to defend, indemnify, and hold harmless the Company and affiliates from claims arising from:

• Your Contributions;
• Use of Services;
• Breach of this Agreement.

The Company may assume exclusive defense at your expense, with your cooperation.

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NOTICES

• To Company: email eddie@badmarketing.com
• To users: email provided at registration.
• Notices are effective 24 hours after sending, unless bounced.

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USER DATA

You are responsible for any data you transfer or use with Company Services. The Company is not liable for loss or corruption of data.

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ELECTRONIC CONTRACTING

Your electronic submissions constitute agreement and intent to be bound. You are responsible for any hardware or software needed to access records.

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SMS TERMS

1. SMS is used for business communications, reminders, and critical client info.
2. To cancel, text STOP; to get help, text HELP or email eddie@badmarketing.com‍
3. Standard message/data rates may apply.
4. By signing up, you consent under TCPA to receive marketing messages.
5. Carriers are not liable for delayed or undelivered messages.

MISCELLANEOUS

• Entire agreement; enforceable to the fullest extent of law.
• Section titles are for convenience.
• No joint venture, employment, or agency is created.
• Agreement cannot be assigned by you without consent; Company may assign freely.
• Unlawful or unenforceable provisions are severable.

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CONTACT US

• BAD Marketing LLC
  1111 Alderman Drive, Suite 450
  Alpharetta, GA 30005
  Email: eddie@badmarketing.com
• California residents may also contact:
  Complaint Assistance Unit, Division of Consumer Services, Department of Consumer Affairs
  400 “R” Street, Sacramento, CA 95814 | 1-916-445-1254

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