Terms of Service

1. Acceptance and Website Use

These Terms of Service govern use of the 316 Traffic website and the general conditions under which website visitors may request information about our remote digital marketing services. By using the website, you agree to use it lawfully, not to interfere with its operation, and not to misuse content, forms, technical features, or information presented on the site. If you do not agree with these terms, do not use the website.

Website content is general business information. A website enquiry, form submission, telephone conversation, or preliminary discussion does not by itself create a client relationship, reserve capacity, or obligate either party to begin work.

2. Service Engagements

Actual services are provided only after the parties agree on the relevant scope, price, timing, deliverables, responsibilities, and any other material commercial terms. A written proposal, statement of work, invoice, order confirmation, or other written project document may supplement these terms. If a project-specific written agreement conflicts with these website terms, the project-specific agreement controls for that engagement.

3. Services

Services may include digital marketing strategy, search engine optimization, social media management, paid advertising management, website traffic analysis, content marketing, email marketing campaign support, and conversion rate optimization. The exact tasks included in a service are limited to the agreed scope. Activities not listed in the scope, including additional websites, extra advertising campaigns, additional social channels, expanded content volume, custom development, extensive design work, or third-party platform fees, may require a separate quote.

4. Client Responsibilities

Clients are responsible for providing accurate business information, lawful instructions, timely approvals, appropriate account access, brand materials, required disclosures, and any licenses or permissions needed for materials they provide. Clients must review deliverables and campaign settings promptly and must not ask us to publish or distribute content that infringes intellectual property rights, misrepresents products or services, violates advertising rules, contains unlawful claims, or breaches privacy or anti-spam laws.

5. Third-Party Platforms

Digital marketing work often relies on third-party platforms such as search engines, advertising networks, social networks, analytics providers, website hosts, email platforms, and content management systems. Those services are governed by their own terms, policies, technical rules, availability, and account decisions. We do not control their algorithms, outages, moderation, approval processes, fees, product changes, account restrictions, or data practices.

6. Fees and Expenses

Listed website prices describe the standard base scope shown with each service and may not cover every request. Custom or expanded work may be quoted separately. Advertising media spend, paid software, premium tools, stock assets, hosting, domains, platform fees, taxes, and third-party costs are not included unless expressly stated in writing. Payment obligations are further addressed in the Payment & Billing Policy and any applicable invoice or project agreement.

7. Timelines and Cooperation

Estimated timelines depend on the client providing information, access, approvals, and feedback when requested. Delays caused by missing materials, access problems, platform review periods, technical outages, or changes in scope may extend delivery dates. A deadline is binding only when it is expressly confirmed in writing as a committed deadline.

8. No Guaranteed Marketing Results

Marketing performance depends on many factors outside our control, including competition, market demand, pricing, offer quality, website usability, advertising budget, platform algorithms, economic conditions, prior account history, tracking accuracy, and client implementation. We do not guarantee rankings, traffic, leads, sales, revenue, advertising approvals, audience growth, conversion rates, or a specific return on investment. Additional detail appears in the Digital Marketing, SEO & Advertising Results Disclaimer.

9. Intellectual Property

Ownership and permitted use of project materials are governed by the applicable project agreement and the Intellectual Property & Confidentiality Policy. Clients retain ownership of materials they provide, subject to any third-party rights. Pre-existing tools, methods, templates, know-how, processes, and reusable components remain with their original owner unless expressly transferred in writing.

10. Prohibited Conduct

• Using the website to transmit malicious code, automated abuse, or unlawful material.
• Attempting to gain unauthorized access to website systems, accounts, or data.
• Copying, scraping, or republishing substantial website content for commercial exploitation without permission.
• Using our services to facilitate deceptive advertising, unlawful spam, impersonation, or infringement.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the website is provided on an “as available” basis. We do not warrant that the website will always be uninterrupted, error-free, or compatible with every device, browser, theme, application, or third-party platform. Any warranties that cannot legally be excluded remain unaffected.

12. Limitation of Liability

To the maximum extent permitted by applicable law, 316 Traffic will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from website use or a service engagement, including lost profits, lost business opportunity, loss of data, loss of goodwill, or platform suspension, except where such limitation is prohibited by law. Any project-specific liability allocation stated in a written agreement will govern that engagement.

13. Indemnity

To the extent permitted by law and any written project agreement, a client is responsible for claims arising from materials, data, offers, instructions, or legal violations supplied or directed by the client. This includes claims that client-provided materials infringe third-party rights or that a client-directed campaign violates applicable law or platform policy.

14. Governing Law

Unless a written agreement states otherwise or applicable law requires a different result, these website terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. Mandatory rights that cannot legally be waived remain in effect.

15. Changes

We may revise these terms as the website, services, or legal requirements evolve. Updated terms apply from the stated effective or updated date. Existing signed project agreements are not retroactively changed unless the parties agree in writing.