Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the website located at this site and any related services, content, and communications (collectively, the "Services") provided by Tsuboi Enterprises LLC ("Company," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

1. Acceptance of Terms

By using the Services, submitting an inquiry, completing a quiz or form, or otherwise engaging with us, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and the Company.

2. About the Services

The Company provides marketing strategy, consulting, fractional CMO guidance, and related advisory services, along with informational content about digital marketing. The website is intended to share information about our work and to allow prospective clients to request a consultation. Nothing on the website constitutes a binding offer to provide services; any engagement is subject to a separate written agreement.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that any information you provide is accurate and complete.

4. Use of the Site

You agree to use the Services only for lawful purposes. You agree not to:

• Use the Services in any way that violates applicable law or regulation;
• Attempt to gain unauthorized access to any portion of the Services or related systems;
• Introduce viruses, malware, or other harmful code;
• Copy, reproduce, scrape, or exploit any content without our prior written permission;
• Use the Services to send unsolicited communications or for any fraudulent or misleading purpose.

5. Intellectual Property

All content on the website — including text, graphics, logos, images, case studies, and the "Derek Tsuboi" brand and marks — is the property of the Company or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our prior written consent. Client logos and third-party marks displayed on the site are the property of their respective owners and are used for identification purposes.

6. Client Engagements & Payment

Any consulting or marketing services are governed by a separate written engagement agreement, statement of work, or proposal that sets out scope, fees, payment terms, and deliverables. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls with respect to that engagement. Fees are non-refundable except as expressly stated in the applicable agreement.

7. Results Disclaimer

Any earnings, revenue figures, growth statistics, testimonials, or case-study results referenced on the website are examples of what may be possible and are not guarantees of future performance. Individual results vary and depend on many factors, including your market, offer, effort, budget, and execution. The Company does not guarantee any specific outcome, revenue, or result from the use of the Services or from any consulting engagement.

8. Testimonials

Testimonials reflect the real-life experiences of individuals who have used our Services. They are individual results and may not be representative of what any other person will experience. Testimonials are not intended to guarantee that anyone will achieve the same or similar results.

9. Third-Party Links & Services

The Services may contain links to third-party websites or integrate third-party tools (such as scheduling, analytics, advertising, and customer-relationship-management platforms). We are not responsible for the content, policies, or practices of any third party. Your use of third-party services is governed by their own terms and privacy policies.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.

11. Limitation of Liability

To the fullest extent permitted by law, the Company and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total aggregate liability for any claim arising out of or relating to the Services shall not exceed the amount you paid to us, if any, for the specific service giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its owners, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to the practices described in the Privacy Policy.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Richland County, South Carolina.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Services after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions about these Terms, please contact us:

Tsuboi Enterprises LLC
Email: [email protected]
3009 Blue Brook Ln
Columbia, SC 29209
United States