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Terms of Service

Last updated: April 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Proven Marketing Now, LLC, a New Jersey limited liability company doing business as PMNow (“Company,” “we,” “us,” or “our”), governing your use of our website located at pmnow.biz (the “Site”) and all digital marketing services provided by us (the “Services”).

By accessing our Site, engaging our Services, or executing a service agreement with PMNow, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of our Site and Services immediately.

Services

PMNow provides digital marketing services to home service businesses, including but not limited to:

  • Search Engine Optimization (SEO), including local SEO
  • Google Business Profile (GBP) optimization and management
  • Website optimization and design
  • Reputation management and review strategy
  • Social media management
  • Backlink building and citation management
  • Engagement signal services
  • Reporting and analytics

The specific scope of Services provided to you will be outlined in your individual service agreement, proposal, or statement of work (“SOW”). In the event of a conflict between these Terms and a signed SOW, the SOW shall control with respect to the scope of Services.

Client Responsibilities

To enable us to perform the Services effectively, you agree to:

  • Provide timely access to your website, hosting accounts, Google Business Profile, social media accounts, and any other platforms necessary for service delivery.
  • Provide accurate and complete business information, including business name, address, phone number, service areas, and licensing details.
  • Respond to communications from your assigned Account Manager within a reasonable timeframe (typically 2–3 business days).
  • Refrain from making unauthorized changes to your website, Google Business Profile, or other managed assets that may conflict with ongoing optimization work, unless coordinated with your Account Manager.
  • Comply with all applicable laws and regulations governing your business and industry.

Failure to fulfill these responsibilities may impair our ability to deliver results and shall not constitute grounds for a refund or claim against the Company.

Fees and Payment

Fees for Services are set forth in your individual service agreement or SOW. Unless otherwise specified:

  • All fees are quoted and payable in U.S. dollars.
  • Recurring service fees are billed monthly and are due on or before the date specified in your agreement.
  • Setup fees, if applicable, are due upon execution of the service agreement.
  • Payment may be made via credit card, ACH, or other method approved by PMNow.
  • Late payments may incur a fee of 1.5% per month (or the maximum rate permitted by law, whichever is less) on any outstanding balance past 15 days due.

PMNow reserves the right to suspend Services if payment is not received within 30 days of the due date. Suspension of Services does not relieve you of payment obligations.

Term and Termination

The term of your engagement with PMNow will be specified in your individual service agreement. Unless otherwise stated:

  • Services are provided on a month-to-month basis after any initial commitment period.
  • Either party may terminate month-to-month services by providing written notice at least 30 days before the next billing cycle.
  • If you are in an initial commitment period, early termination may be subject to an early cancellation fee as outlined in your agreement.

Upon termination, PMNow will cease all active work on your accounts. You will retain ownership of your own accounts and assets (e.g., your Google Business Profile, your website domain). However, any proprietary tools, strategies, templates, or deliverables created by PMNow remain the intellectual property of the Company unless explicitly transferred in writing.

Intellectual Property

Company IP. All proprietary methodologies, systems, workflows, software, templates, and strategies developed by PMNow remain the exclusive property of the Company. Clients are granted a limited, non-exclusive, non-transferable license to use deliverables produced under their service agreement solely for their own business purposes.

Client IP. You retain all ownership rights to your pre-existing brand assets, trademarks, logos, and business content provided to PMNow for use in connection with the Services.

Content Created by PMNow. Unless otherwise agreed in writing, website content, blog posts, social media content, and similar materials created by PMNow on your behalf are assigned to you upon full payment of all associated fees.

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, including but not limited to business strategies, customer data, pricing, login credentials, and proprietary processes. This obligation survives termination of the service relationship for a period of two (2) years.

Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party’s information; or (d) is required to be disclosed by law.

Results and Disclaimers

No Guarantee of Results. While PMNow employs industry best practices and makes commercially reasonable efforts to improve your digital marketing performance, we do not and cannot guarantee specific results, including but not limited to search engine rankings, website traffic volume, lead generation numbers, or revenue outcomes. Search engine algorithms, competitive dynamics, and market conditions are outside our control.

Third-Party Platforms. Our Services depend in part on third-party platforms (e.g., Google, Facebook, Yelp). Changes to these platforms’ terms of service, algorithms, or policies may affect Service delivery and results. PMNow is not liable for actions taken by third-party platforms.

AS-IS Disclaimer. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, PMNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMNOW, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PMNOW’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PMNOW DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless PMNow and its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) any content or information you provide to PMNow that infringes upon the rights of a third party; or (d) your use of the Site or Services in a manner not authorized by these Terms.

Privacy and Data

PMNow respects your privacy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Site or Services, you consent to our data practices as described in the Privacy Policy.

You are responsible for ensuring that any customer or personal data you share with PMNow has been collected in compliance with applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and similar state regulations.

Non-Solicitation

During the term of your engagement and for a period of twelve (12) months following termination, you agree not to directly solicit, recruit, or hire any PMNow employee or contractor with whom you interacted during the course of the engagement, without prior written consent from PMNow.

Dispute Resolution

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions.

Informal Resolution. Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for a period of at least thirty (30) days following written notice of the dispute.

Binding Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of New Jersey, and the arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

Class Action Waiver. YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Modifications to These Terms

PMNow reserves the right to modify these Terms at any time. Updated Terms will be posted on our Site with a revised effective date. Continued use of the Site or Services after the posting of changes constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify active clients via email.

Miscellaneous

Entire Agreement. These Terms, together with your service agreement, SOW, and our Privacy Policy, constitute the entire agreement between you and PMNow with respect to the subject matter hereof.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. The failure of PMNow to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment. You may not assign your rights or obligations under these Terms without PMNow’s prior written consent. PMNow may assign its rights and obligations without restriction.

Force Majeure. PMNow shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party platform failures.

Notices. All notices under these Terms shall be in writing and delivered via email to the addresses associated with each party’s account or service agreement.

Contact Information

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

Proven Marketing Now, LLC

d/b/a PMNow

Website: pmnow.biz