Terms of Service of Custom Medical Marketing (CMM)
Welcome to Custom Medical Marketing (CMM). These Terms of Service (“Terms”) govern your access to and use of our website, services, and related materials (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our Services.
1. Overview of Services
Custom Medical Marketing (CMM) is a cutting-edge marketing firm focused on patient acquisition for medical practices nationwide. We provide digital marketing services, including but not limited to website development, SEO, advertising campaign management, lead generation, and consulting.
2. Eligibility
By using our Services, you represent that:
You are at least 18 years old.
You have the legal authority to enter into a binding agreement on behalf of yourself or your organization.
All information you provide is accurate, current, and complete.
3. Client Responsibilities
As a client of CMM, you agree to:
Provide all necessary access, content, approvals, and feedback required for CMM to deliver its services in a timely manner.
Use the Services only for lawful purposes and in compliance with applicable laws and regulations.
Not submit any protected health information (PHI) unless explicitly agreed to in a separate signed Business Associate Agreement (BAA).
4. Intellectual Property
All content, branding, processes, software, and materials provided by CMM are protected by intellectual property laws and are the sole property of CMM or its licensors. You may not reproduce, distribute, modify, or create derivative works of any content provided by CMM without our prior written consent.
All materials provided to us by you remain your property. By providing them to CMM, you grant us a limited license to use them as necessary for the delivery of Services.
5. Payment Terms
Clients agree to the pricing, payment schedule, and terms specified in their individual service agreement or proposal. All payments are non-refundable unless otherwise stated.
Late payments may incur additional fees or suspension of services until payment is received.
6. Confidentiality
CMM agrees to maintain the confidentiality of any proprietary or sensitive business information you provide during the course of our engagement. You likewise agree to maintain the confidentiality of any proprietary information we provide to you.
7. Third-Party Services
CMM may use third-party tools or platforms (e.g., Google Ads, Facebook, CRM software) in the execution of Services. CMM is not responsible for any issues, data loss, or errors caused by third-party services.
Use of third-party services may be subject to their respective terms and privacy policies.
8. Data Privacy and Security
CMM takes data privacy seriously and complies with applicable privacy laws, including HIPAA (as applicable with a signed BAA), the California Consumer Privacy Act (CCPA), and the General Data Protection Regulation (GDPR). Please review our [Privacy Policy] for more details on how we collect, use, and protect information.
9. Disclaimers
CMM does not guarantee specific marketing outcomes, such as the number of leads or patient conversions, as these depend on various market and operational factors beyond our control.
The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied.
CMM disclaims all warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, CMM shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, arising from or related to the use or inability to use our Services.
CMM’s total liability for any claim shall not exceed the total amount you paid us for Services in the 3 months prior to the event giving rise to the claim.
11. Termination
Either party may terminate Services with written notice, subject to the terms outlined in any service agreement. CMM reserves the right to suspend or terminate access to its Services if these Terms are violated.
Upon termination, all outstanding fees remain payable, and all licenses granted by CMM shall terminate.
12. Governing Law
These Terms shall be governed and interpreted in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising under these Terms shall be handled in accordance with applicable legal requirements based on the parties’ locations.
13. Changes to These Terms
CMM may update these Terms from time to time. We will post the updated Terms on our website with a new effective date. Continued use of the Services after such updates constitutes acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms, please contact us:
Phone: 561.203.9391
