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Terms & Conditions & Privacy Policy  

Terms of Service
Clearwater Marketing Consultants

Effective Date: March 5, 2025
Last Updated: March 5, 2025

Welcome to Clearwater Marketing Consultants (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of:

• Our website: https://www.clearwatermarketingconsultants.com (the “Website”), and
• Any related products, applications, dashboards, or services we provide, including marketing consulting, social media management, and analytics tools (collectively, the “Service”).

By accessing or using the Website or Service, you agree to be bound by these Terms. If you do not agree, you must not use the Website or Service.

1. Use of Website and Services

By accessing the Website or using the Service, you agree that you will:

• Use the Website and Service only for lawful purposes and in accordance with these Terms.
• Not copy, distribute, or misuse any content from the Website or Service without our prior written consent.
• Not attempt to interfere with, disrupt, or compromise the security or proper functioning of the Website or Service.

If you create an account or are given access to a dashboard or tool we provide, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2. Services Offered

We provide marketing consulting and related services, which may include:

• Branding, social media strategy, content planning, and campaign execution.
• Paid advertising and campaign management.
• Analytics, reporting, and performance review.
• Access to web-based tools and dashboards that connect to third-party platforms (for example, TikTok, Instagram, Facebook, LinkedIn, YouTube, and similar services).

All advice, strategies, and resources are for informational and strategic purposes only and do not guarantee specific outcomes, revenue, or business growth.

We may modify, suspend, or discontinue any part of the Service at any time, including tools that are offered as beta, preview, or experimental features.

3. Third-Party Platforms and Connected Accounts

Our Service may allow you to connect, integrate, or authorize access to third-party platforms and services (“Third-Party Platforms”), such as:

• TikTok
• Instagram and Facebook (Meta platforms)
• LinkedIn
• YouTube / Google
• Other social media, advertising, or analytics platforms

By connecting a Third-Party Platform to the Service, you:

• Represent and warrant that you have all rights and permissions necessary to grant us access to that account.
• Authorize us to access, use, and process data from that Third-Party Platform as reasonably necessary to provide and improve the Service (for example, profile information, posts, comments, messages, engagement metrics, and analytics data).
• Acknowledge that your use of each Third-Party Platform is also governed by that platform’s own terms and policies.

We are not affiliated with, endorsed by, or sponsored by TikTok, Meta, LinkedIn, Google, or any other Third-Party Platform. Those platforms are independent third parties with their own terms, privacy policies, and responsibilities.

You may revoke our access to a Third-Party Platform at any time through that platform’s settings, or by contacting us.

4. Payments and Refund Policy

Payment terms for consulting engagements, retainers, campaign management, or access to paid tools are set out in individual proposals, statements of work, or service agreements.

Unless otherwise specified in a written agreement:

• Fees are due as stated in the applicable agreement or invoice.
• Fees are non-refundable, except where required by law or explicitly stated in the contract.

You are responsible for any taxes that may apply to payments for the Service.

5. Intellectual Property

All content on the Website and within the Service—including text, graphics, logos, branding materials, images, videos, software, and other materials—is owned by or licensed to Clearwater Marketing Consultants and is protected by intellectual property and other laws.

You may not:

• Reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Website or Service without our prior written consent, except as expressly permitted by these Terms or applicable law.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.

Any feedback, suggestions, or ideas you provide about the Website or Service may be used by us without obligation or compensation to you.

6. Beta and Early Access Features

From time to time, we may make certain features of the Service available as beta, test, or early access offerings. These features may change, break, or be discontinued at any time.

Beta and early access features are provided “as is” and without any promises of performance or availability.

7. Disclaimer of Warranties

The Website and Service are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Website or Service will be uninterrupted, secure, or error-free;
• Any defects or errors will be corrected;
• The information provided through the Service is complete, accurate, or up to date; or
• Any particular marketing, revenue, or business results will be achieved.

You use the Website and Service at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law:

• We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or business interruption, arising out of or relating to your use of, or inability to use, the Website or Service.
• Our total cumulative liability for any claim relating to the Website or Service will not exceed the total amount you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Clearwater Marketing Consultants, and our owners, employees, contractors, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Website or Service;
• Your violation of these Terms;
• Your violation of any rights of a third party; or
• Your misuse or unauthorized use of any Third-Party Platform in connection with the Service.

10. Termination

We may suspend or terminate your access to the Website or Service at any time, with or without notice, if:

• You violate these Terms or any applicable law;
• Your use of the Service poses a security or operational risk; or
• We decide to discontinue part or all of the Service.

You may stop using the Website or Service at any time. Termination will not relieve you of the obligation to pay any amounts due.

11. Governing Law

These Terms and your use of the Website and Service are governed by the laws of the State of California, without regard to its conflict of laws principles.

Any disputes arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of such courts.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page.

Your continued use of the Website or Service after any changes become effective constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Website and Service.

13. Contact Information

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

Clearwater Marketing Consultants
Email: timravare@clearwatermarketingconsultants.com
Mailing Address: 8605 SANTA MONICA BLVD #748780, WEST HOLLYWOOD, CA 90069
 

Privacy Policy
Clearwater Marketing Consultants

Effective Date: March 5, 2025
Last Updated: March 5, 2025

Clearwater Marketing Consultants (“Company”, “we”, “us”, or “our”) values your privacy. This Privacy Policy explains how we collect, use, disclose, and protect personal information when you:

• Visit our website: https://www.clearwatermarketingconsultants.com (the “Website”), or
• Use our related products, applications, dashboards, and services, including any social media management or analytics tools we provide (collectively, the “Service”).

By using the Website or Service, you agree to the practices described in this Privacy Policy. If you do not agree, please do not use the Website or Service.

1. Information We Collect

We may collect the following categories of information:

a. Information You Provide Directly

We may collect personal information that you voluntarily provide, such as:

• Name, email address, phone number, and business details (for example, when you fill out a contact form, book a consultation, request a proposal, or sign up for a newsletter).
• Information about your marketing goals, preferences, and business operations that you choose to share with us.

b. Payment Information

If you purchase consulting services, retainers, or paid access to tools, payments may be processed by third-party providers (such as Stripe, PayPal, or other payment processors). We do not store your full payment card details on our servers; those are handled by the payment processor according to their own policies.

c. Information from Connected Social Media and Third-Party Platforms

If you choose to connect a social media or other third-party account to our Service (for example TikTok, Instagram, Facebook, LinkedIn, YouTube, or other platforms), we may receive information from those platforms, such as:

• Basic profile information (username, profile name, profile picture, account ID, bio).
• Content data and engagement metrics (posts, videos, comments, likes, messages, followers, reach, impressions, click-through rates, and other analytics).
• Advertising and campaign data (ad performance, spend, conversions, and similar metrics).
• Technical tokens or credentials necessary to authenticate your account and maintain a secure connection, in accordance with the permissions you grant.

The exact data we receive depends on the permissions you authorize on each platform.

d. Website Usage Data

We may automatically collect certain information about how you access and use the Website, including:

• IP address, browser type, device type, and operating system.
• Pages viewed, referring and exit pages, and the dates and times of your visits.
• Clickstream data and interactions on the Website.
• Information collected via cookies, pixels, and similar technologies (such as Google Analytics, Facebook Pixel, or other analytics and advertising tools).

2. How We Use Your Information

We may use the information we collect for the following purposes:

• To provide, operate, and maintain the Website and Service.
• To deliver marketing consulting, social media management, and analytics services.
• To display, analyze, and report on data from your connected social media or third-party accounts.
• To respond to your inquiries, messages, and requests for information or support.
• To send email updates, newsletters, and promotional communications (you can opt out at any time).
• To monitor and analyze usage, performance, and trends in order to improve the Website and Service.
• To detect, prevent, and address technical issues or security incidents.
• To comply with legal obligations and enforce our agreements.

We do not sell your personal information.

3. Use of Social Media and API Data

When you connect a social media or third-party account to our Service, we access and process the authorized data only to:

• Provide dashboards, reports, and analytics that help you understand and manage your marketing and social media performance.
• Assist with campaign strategy, optimization, and content planning.
• Improve the functionality and reliability of the Service.

We do not use your connected account data to create unrelated consumer profiles or to sell your data to unrelated third parties.

You can revoke our access to your connected accounts at any time via the settings of the third-party platform or by contacting us.

 

4. Cookies and Tracking Technologies

We use cookies, tracking pixels, and similar technologies to:

• Remember your settings and preferences.
• Understand how visitors use the Website and identify areas for improvement.
• Measure the effectiveness of our marketing campaigns.
• Support advertising and retargeting where applicable.

You can manage or disable cookies through your browser settings. If you disable cookies, some features of the Website or Service may not function properly.

 

5. How We Share Your Information

We may share information in the following circumstances:

a. Service Providers

We may share information with third-party vendors who help us operate the Website and Service, such as:

• Website hosting providers.
• Analytics and reporting tools.
• Email marketing platforms.
• Customer relationship management (CRM) and support tools.
• Payment processors.

These service providers are authorized to use your information only as necessary to provide services to us and are expected to protect your information appropriately.

b. Advertising and Analytics Partners

We may share limited information (such as cookies, IP address, or usage data) with analytics and advertising partners to help us measure and improve our marketing efforts.

c. Legal and Safety

We may disclose information if we believe it is necessary to:

• Comply with applicable laws, regulations, subpoenas, or legal process.
• Respond to valid requests by public authorities.
• Protect the rights, property, or safety of the Company, our clients, or others.

d. Business Transfers

If we are involved in a merger, acquisition, financing, or sale of all or a portion of our business or assets, your information may be transferred as part of that transaction, subject to reasonable confidentiality protections.

We do not share your social media data with unrelated third parties for their own independent marketing purposes.

 

6. Data Security

We take reasonable administrative, technical, and physical measures designed to protect your information against accidental or unlawful destruction, loss, alteration, unauthorized access, or disclosure.

However, no method of transmission over the internet or method of electronic storage is completely secure. We cannot guarantee absolute security.

7. Data Retention

We retain personal information for as long as reasonably necessary to:

• Provide the Website and Service.
• Fulfill the purposes described in this Privacy Policy.
• Comply with legal, tax, and regulatory requirements.
• Resolve disputes and enforce our agreements.

If you would like us to delete or limit the use of your information, you may contact us using the information in the “Contact Information” section below. We may need to retain certain information where required by law or for legitimate business purposes.

8. Your Rights and Choices

Depending on your location and applicable law (such as GDPR in the European Union or CCPA/CPRA in California), you may have certain rights with respect to your personal information, which may include:

• The right to request access to the personal information we hold about you.
• The right to request correction or updating of inaccurate or incomplete information.
• The right to request deletion of certain information.
• The right to object to or restrict certain types of processing.
• The right to data portability, in some cases.
• The right to opt out of receiving marketing communications.

You can:

• Unsubscribe from marketing emails by using the “unsubscribe” link in our messages or by contacting us.
• Disconnect third-party or social media accounts through those platforms’ settings or by contacting us.

To exercise any rights available to you under applicable laws, please contact us using the information below. We may need to verify your identity before fulfilling your request.

9. Third-Party Websites and Links

The Website and Service may contain links to third-party websites or services. We are not responsible for the privacy practices, content, or security of those third-party sites.

We encourage you to review the privacy policies of any third-party websites or services that you visit.

10. Children’s Privacy

The Website and Service are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13.

If we become aware that we have collected personal information from a child under 13, we will take reasonable steps to delete that information as soon as possible. If you believe that we may have information about a child under 13, please contact us.

11. International Users

If you access the Website or Service from outside the United States, you understand that your information may be transferred to, stored, and processed in the United States or other countries where we or our service providers operate. Data protection laws in those countries may be different from the laws in your country of residence.

By using the Website or Service, you consent to the transfer of your information to the United States and other locations as described in this Privacy Policy.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Last Updated” date at the top of this page.

Your continued use of the Website or Service after any changes become effective means you accept the updated Privacy Policy. If you do not agree with the changes, you must stop using the Website and Service.

13. Contact Information

If you have any questions about this Privacy Policy or would like to exercise your privacy rights, you can contact us at:

Clearwater Marketing Consultants
Email: timravare@clearwatermarketingconsultants.com
Mailing Address: 8605 SANTA MONICA BLVD #748780, WEST HOLLYWOOD, CA 90069
 

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