MARKETING GENIE LLC

TERMS AND CONDITIONS OF USE AND SERVICES

Effective Date: April 29th, 2019
Last Updated: March 14th, 2025

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to Marketing Genie LLC ("Marketing Genie," "Company," "we," "us," or "our"), a limited liability company organized and operating under the laws of the State of Florida, United States of America.

These Terms and Conditions ("Terms") govern all access to and use of Marketing Genie's websites, digital platforms, marketing services, consulting services, advertising services, website development services, business solutions, communications, proposals, and other products or services offered by the Company.

These Terms apply to all visitors, users, customers, clients, businesses, organizations, representatives, and other parties engaging with Marketing Genie.

BY AFFIRMATIVELY ACCEPTING THESE TERMS, SIGNING AN AGREEMENT INCORPORATING THEM, OR PURCHASING OR USING SERVICES AFTER RECEIVING CLEAR NOTICE OF THESE TERMS AND MANIFESTING AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT:

You have been provided access to these Terms and Conditions.
You have had a reasonable opportunity to read and understand them.
You acknowledge that you have read and understood these Terms and Conditions.
You voluntarily agree to be legally bound by these Terms.
You possess the legal authority to enter into this agreement.
If acting on behalf of a business or organization, you represent that you have authority to bind that entity.
You agree to comply with all applicable federal, state, local, and international laws.

Acceptance of these Terms is a mandatory condition of establishing or maintaining a business relationship with Marketing Genie LLC.

Marketing Genie reserves the right to decline services to any prospective client who refuses to accept these Terms.

2. SCOPE OF SERVICES

Marketing Genie LLC provides business, advertising, marketing, and related professional services, which may include, without limitation:

Digital marketing, marketing strategy, and business consulting.
Search engine optimization (SEO), search engine marketing (SEM), and generative engine optimization (GEO).
Website design, development, maintenance, and management.
Social media management and advertising.
Email marketing, marketing automation, and lead generation.
Branding, graphic design, and creative services.
Advertising campaign creation and management.
Business development and sales consulting.
E-commerce development and integrations.
Customer relationship management and related technology services.
Additional services mutually agreed upon in writing.

The specific services, deliverables, pricing, timelines, and responsibilities may be established through separate proposals, invoices, service agreements, statements of work, or other written arrangements.

Where a separately executed agreement expressly conflicts with these Terms, that agreement shall control regarding the specific conflicting provision.

3. AUTOMATIC APPLICATION TO CLIENT RELATIONSHIPS

These Terms are intended to apply to all clients and customers conducting business with Marketing Genie LLC, whether services are obtained through the Company's website, electronic communications, direct sales, signed contracts, or other authorized business channels.

A client who affirmatively accepts these Terms, or enters into an agreement that expressly incorporates them, shall be bound by these Terms without requiring a separate signature on this document.

Marketing Genie may require acknowledgment through electronic checkboxes, digital signatures, written confirmations, onboarding documentation, or other legally recognized acceptance methods.

Clients shall not avoid otherwise valid contractual obligations solely because the Terms were accepted electronically.

No client or customer may claim an exemption from these Terms merely because the transaction was completed remotely, electronically, verbally, or outside the Company's website, provided that a legally enforceable agreement to these Terms was established.

4. CLIENT REPRESENTATIONS AND RESPONSIBILITIES

Every client represents and warrants that:

All information supplied to Marketing Genie is accurate, complete, lawful, and not materially misleading.
The client possesses all required licenses, permits, registrations, and authorizations for its business activities.
The client owns or has obtained lawful permission to use all content, images, trademarks, databases, customer information, and materials supplied to Marketing Genie.
The client's products, services, advertisements, and business activities comply with applicable laws and regulations.
The client will promptly provide information reasonably requested for completion of services.
The client is responsible for the legality, accuracy, safety, fulfillment, and quality of products or services sold by the client.
The client will not request or instruct Marketing Genie to engage in unlawful, deceptive, fraudulent, or misleading conduct.

Marketing Genie may rely on client-supplied information without independently verifying every representation unless otherwise required by law or expressly agreed in writing.

5. MANDATORY PRIVACY POLICY AND TERMS AND CONDITIONS FOR INTERNATIONAL BUSINESS

THIS SECTION ESTABLISHES A MANDATORY COMPANY REQUIREMENT FOR CLIENTS ENGAGING IN INTERNATIONAL COMMERCE OR INTERNATIONAL BUSINESS ACTIVITIES.

Any business, client, company, organization, or commercial entity receiving services from Marketing Genie LLC that engages in, has previously engaged in, intends to engage in, or is willing to engage in business with customers, clients, suppliers, or other commercial parties located outside the United States must maintain the following written policies:

A. Privacy Policy

A legally appropriate Privacy Policy explaining how personal information is collected, processed, stored, protected, disclosed, retained, and otherwise handled, including international data practices where applicable.

B. Terms and Conditions Policy

A comprehensive Terms and Conditions Policy governing the business's website, services, customer relationships, transactions, contractual responsibilities, and applicable limitations.

5.1 Activities Triggering This Requirement

This requirement applies to businesses that engage in any of the following activities:

Ship, export, deliver, or distribute products or merchandise outside the United States.
Receive products, merchandise, or commercial shipments originating outside the United States.
Receive payments, deposits, transfers, or other monetary consideration from persons or businesses located outside the United States.
Send payments or conduct commercial financial transactions with parties located outside the United States.
Sell, offer, or provide products or services to international customers or clients.
Have previously conducted business with customers or clients outside the United States.
Intend or are willing to accept international customers, orders, payments, or commercial relationships.
Operate websites or digital platforms that actively solicit or accept international business.
Collect or process personal information from international customers in connection with commercial activities.
Otherwise participate in cross-border commercial activities.

5.2 Mandatory Compliance

All businesses meeting one or more of the above criteria must maintain both a Privacy Policy and Terms and Conditions Policy as a mandatory requirement established by Marketing Genie LLC.

These policies must be appropriate for the business's operations and the jurisdictions in which it conducts business.

They must also be published, accessible, and implemented as appropriate to the business's operations.

5.3 Responsibility for Compliance

The client bears sole responsibility for obtaining, maintaining, implementing, updating, and complying with all required policies.

Marketing Genie is not responsible for determining every foreign jurisdiction's legal requirements unless such services have been expressly agreed upon in writing and performed through appropriately qualified legal counsel.

5.4 Failure to Comply

Marketing Genie reserves the right to refuse, suspend, postpone, or terminate services where a client fails to maintain the required policies, subject to applicable law and contractual obligations.

Any resulting delay, expense, or loss arising from the client's noncompliance shall remain the client's responsibility to the extent permitted by law.

6. ADDITIONAL MANDATORY POLICIES FOR E-COMMERCE WEBSITES AND SHOPPING CARTS

ANY CLIENT OPERATING A WEBSITE WITH AN ONLINE SHOPPING CART, CHECKOUT SYSTEM, PAYMENT PROCESSING FUNCTION, OR E-COMMERCE TRANSACTION CAPABILITY MUST MAINTAIN ADDITIONAL WRITTEN BUSINESS POLICIES AS REQUIRED BY MARKETING GENIE LLC.

This requirement applies whether the website sells physical products, digital products, subscriptions, memberships, or services.

6.1 Required Policies

Depending on the nature of the business and transactions, required policies include:

A. Shipping and Delivery Policy

For businesses delivering physical goods, this policy must address shipping procedures, processing times, delivery estimates, shipping charges, geographical restrictions, international shipping, customs responsibilities, and shipment-related issues.

B. Returns and Refund Policy

This policy must explain return eligibility, return periods, refund procedures, refund processing, exclusions, defective merchandise, and any applicable statutory rights.

C. Payment Policy

This policy must identify accepted payment methods, billing procedures, payment authorization, transaction processing, applicable charges, and relevant payment obligations.

D. Cancellation Policy

Where applicable, this policy must describe order cancellations, service cancellations, cancellation deadlines, fees, and related procedures.

E. Exchange Policy

Where applicable, this policy must address merchandise exchanges, eligibility, processing, and applicable limitations.

F. Privacy Policy

The website must maintain a Privacy Policy appropriate to the personal information it collects or processes.

G. Terms and Conditions Policy

The website must maintain comprehensive Terms and Conditions governing its transactions, website usage, customer obligations, and business practices.

H. Additional Applicable Policies

Depending on the business model, Marketing Genie may require additional policies, including:

Subscription and recurring billing policies.
Digital products and download policies.
Cookie notices and consent mechanisms.
International shipping and customs policies.
Product warranty policies.
Age restrictions and eligibility policies.
Accessibility statements or compliance documentation.
Other industry-specific disclosures and legal notices.

6.2 Mandatory Implementation

All required policies must be completed, implemented, and made reasonably accessible before the launch of an e-commerce website developed or managed by Marketing Genie, unless Marketing Genie expressly approves another arrangement in writing.

Marketing Genie may decline to launch, publish, activate, or maintain e-commerce functionality until the client satisfies these requirements.

6.3 Policy Accuracy

The client is responsible for ensuring that its published policies accurately reflect its actual business practices and comply with applicable consumer protection, privacy, payment processing, and e-commerce requirements.

7. ALL REQUIRED LEGAL POLICIES MUST BE PREPARED BY A QUALIFIED ATTORNEY

MARKETING GENIE LLC REQUIRES THAT ALL LEGAL POLICIES PROVIDED BY ITS CLIENTS BE PREPARED, REVIEWED, AND APPROVED BY A QUALIFIED, LICENSED ATTORNEY.

This requirement applies to all legal policies identified in these Terms, including Privacy Policies, Terms and Conditions, Shipping Policies, Return and Refund Policies, Payment Policies, and other required legal documentation.

7.1 Attorney Qualifications

The attorney must be duly licensed and authorized to practice law in the relevant jurisdiction and possess appropriate qualifications to advise on the applicable business activities and legal requirements.

Where international business activities are involved, the client must obtain legal advice appropriate to the jurisdictions in which it operates.

7.2 Prohibition on Unverified Templates

Generic online templates, automatically generated policies, copied documents, or policies prepared without appropriate attorney review shall not satisfy Marketing Genie's requirements unless subsequently reviewed and approved by qualified legal counsel.

7.3 Proof of Legal Review

Marketing Genie may request reasonable written confirmation that the required legal policies have been prepared or reviewed by qualified legal counsel.

Marketing Genie does not require disclosure of privileged attorney-client communications.

7.4 No Legal Services Provided

Marketing Genie LLC is a marketing and business services company and does not act as a law firm.

Unless expressly arranged through appropriately licensed legal counsel, Marketing Genie does not provide legal opinions, legal representation, or legal advice.

Any assistance Marketing Genie provides with uploading, formatting, displaying, or integrating legal policies is administrative or technical in nature and does not constitute legal review or approval.

7.5 Client Assumption of Responsibility

Clients are solely responsible for the legal sufficiency and accuracy of their policies and for their implementation and ongoing compliance.

Marketing Genie's receipt, publication, or technical implementation of a policy does not constitute certification of its legality.

8. WEBSITE DEVELOPMENT AND CLIENT APPROVAL

Clients receiving website development, website maintenance, or e-commerce services are responsible for reviewing and approving their websites before launch.

Clients must verify the accuracy of business information, product descriptions, pricing, disclosures, legal policies, payment configurations, and other business-specific content.

Marketing Genie may request written approval before publishing a website or implementing substantial changes.

Client approval does not excuse Marketing Genie from its own contractual obligations, but the client remains responsible for errors or omissions in information supplied or expressly approved by the client, to the extent permitted by law.

9. PAYMENT TERMS AND BILLING

All fees, payment schedules, deposits, and charges shall be established through the applicable proposal, invoice, subscription arrangement, or service agreement.

Unless otherwise agreed in writing:

Payment is due according to the applicable invoice or agreement.
Work may be withheld or delayed until required deposits or payments are received.
Third-party advertising budgets, software subscriptions, hosting charges, and external service fees are separate unless expressly included.
Clients are responsible for applicable taxes, excluding taxes imposed on Marketing Genie's own income.
Overdue accounts may result in suspension of services following any required notice.
Clients remain responsible for fees associated with authorized work performed before termination.

Late fees or interest may be assessed only where disclosed in the applicable agreement and permitted by law.

Marketing Genie reserves the right to pursue lawful collection of outstanding amounts.

10. REFUNDS, CANCELLATIONS, AND TERMINATION

Refund eligibility, cancellation rights, and termination procedures shall be governed by the applicable service agreement and any mandatory legal requirements.

Unless otherwise expressly agreed, fees for services already performed or nonrecoverable third-party costs are not refundable, except as required by law.

Either party may terminate services in accordance with the applicable agreement.

Marketing Genie may suspend or terminate services for material breach, unlawful activity, nonpayment, fraudulent conduct, or serious compliance concerns, subject to any applicable notice and cure requirements.

Termination shall not eliminate accrued payment obligations or provisions intended to survive termination.

11. NO GUARANTEE OF MARKETING OR BUSINESS RESULTS

Marketing Genie endeavors to perform its services professionally and with reasonable care.

However, unless expressly guaranteed in a signed written agreement, Marketing Genie does not guarantee:

Specific revenue or profit levels.
Sales volume or customer acquisition.
Search engine rankings or placement.
Website traffic or conversion rates.
Advertising approval or platform availability.
Social media engagement or audience growth.
Specific return on advertising investment.
Acceptance by third-party advertising, email, payment, or technology platforms.

Marketing outcomes depend on numerous factors outside the Company's control, including market conditions, competition, client products, pricing, advertising platforms, and customer behavior.

12. THIRD-PARTY SERVICES AND PLATFORMS

Marketing Genie may utilize third-party platforms, applications, hosting providers, advertising networks, payment processors, software vendors, and other external service providers.

Such services may be subject to their own terms, privacy policies, pricing, restrictions, and operating procedures.

Marketing Genie is not responsible for independent third-party actions, outages, account suspensions, pricing changes, or policy decisions except to the extent liability arises from Marketing Genie's own conduct or express contractual responsibilities.

Clients must comply with all applicable third-party platform policies.

13. INTELLECTUAL PROPERTY AND OWNERSHIP

Marketing Genie retains ownership of its preexisting intellectual property, proprietary methodologies, templates, software, processes, branding, trade secrets, and internal business materials.

Ownership and licensing of client-specific deliverables shall be determined by the applicable service agreement.

Unless otherwise agreed in writing, clients receive only the rights expressly granted in their agreements and remain responsible for securing rights to materials they provide.

Clients grant Marketing Genie a limited license to use supplied materials solely as reasonably necessary to perform authorized services.

Marketing Genie shall not use a client's trademarks or confidential materials for unrelated purposes without appropriate authorization.

14. CONFIDENTIALITY AND DATA PROTECTION

Both parties shall use reasonable measures to protect confidential business information received in connection with their relationship.

Confidential information may include business plans, customer records, pricing information, financial information, marketing strategies, account credentials, and nonpublic operational information.

Confidentiality obligations do not apply to information that is publicly available through no wrongful act, independently developed, lawfully obtained from another source, or required to be disclosed by law.

Personal information shall be handled in accordance with applicable privacy laws, Marketing Genie's Privacy Policy, and any separately executed data processing agreement.

Where Marketing Genie processes personal information on behalf of a client, the parties may be required to execute additional privacy or data processing terms.

15. COMPLIANCE WITH LAWS AND REGULATIONS

Clients are responsible for complying with laws applicable to their businesses, products, services, advertising, and commercial operations.

Depending on the circumstances, these may include laws and regulations concerning:

Consumer protection and deceptive advertising.
Data privacy and cybersecurity.
Commercial email and electronic communications.
Intellectual property and copyright.
E-commerce and payment processing.
International trade, customs, and sanctions.
Product safety and labeling.
Industry-specific licensing and disclosures.

Marketing Genie reserves the right to reject requests that reasonably appear unlawful or inconsistent with applicable platform policies.

Nothing in these Terms authorizes either party to violate applicable law.

16. INTERNATIONAL TRANSACTIONS AND CROSS-BORDER RESPONSIBILITY

Clients conducting international business are responsible for determining and complying with applicable import, export, customs, taxation, sanctions, consumer protection, privacy, and other legal obligations.

Marketing Genie does not serve as the client's importer of record, exporter of record, customs broker, payment guarantor, or legal compliance officer unless a separate lawful written arrangement expressly establishes such a role.

Clients shall obtain professional legal, tax, and regulatory advice where necessary.

17. INDEMNIFICATION

To the fullest extent permitted by applicable law, each business client agrees to defend, indemnify, and hold harmless Marketing Genie LLC and its officers, employees, contractors, and authorized representatives against third-party claims, damages, liabilities, and reasonable legal expenses arising from:

Materially inaccurate or unlawful information supplied by the client.
The client's products, services, fulfillment activities, or commercial operations.
The client's violation of applicable laws or regulations.
The client's infringement of third-party intellectual property rights through client-supplied materials.
The client's failure to maintain or comply with legally required policies.
The client's material breach of these Terms.

This obligation applies only to the extent the claim arises from the client's conduct and shall not require indemnification for Marketing Genie's own negligence, willful misconduct, or unlawful acts to the extent prohibited by law.

Marketing Genie shall provide reasonable notice of covered claims and permit the client to participate in their defense, subject to appropriate protections against conflicts of interest.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKETING GENIE LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOST REVENUE, ARISING FROM ITS SERVICES OR THESE TERMS.

For business-to-business services, Marketing Genie's aggregate contractual liability shall not exceed the total fees paid to Marketing Genie for the specific services giving rise to the claim during the six months immediately preceding the event giving rise to liability.

This limitation does not apply to liability that cannot lawfully be limited or excluded, including liability for intentional misconduct or other legally nonwaivable obligations.

Nothing in these Terms excludes rights or remedies that applicable law prohibits the parties from waiving.

19. DISCLAIMER OF WARRANTIES

Except for express written warranties or obligations established in a signed agreement, Marketing Genie's website and services are provided subject to applicable law and without additional warranties regarding uninterrupted availability, error-free operation, or particular business outcomes.

Marketing Genie does not warrant that third-party platforms, search engines, hosting providers, or advertising networks will operate without interruption.

Nothing in this section eliminates an express contractual commitment or a warranty that cannot legally be disclaimed.

20. CLIENT NONCOMPLIANCE AND SERVICE REFUSAL

Marketing Genie reserves the right to decline, suspend, or terminate business relationships when clients:

Fail to comply with mandatory legal-policy requirements.
Refuse to obtain required attorney-reviewed documentation.
Engage in fraudulent, deceptive, or unlawful business activities.
Violate applicable advertising or technology platform policies.
Provide materially false or misleading information.
Fail to fulfill material payment or contractual obligations.

Such action shall remain subject to applicable law and any express contractual notice or cure requirements.

Marketing Genie shall not be required to knowingly facilitate unlawful business activity.

21. WEBSITE USE AND PROHIBITED ACTIVITIES

Website visitors and users may not:

Attempt unauthorized access to Marketing Genie's systems.
Introduce malware or harmful software.
Scrape or extract protected information unlawfully.
Interfere with website operations or security.
Impersonate another person or business.
Use the website for fraud or other unlawful activities.
Infringe the Company's intellectual property rights.

Marketing Genie may restrict website access where reasonably necessary to protect its systems, users, and business operations.

22. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, governmental restrictions, war, widespread telecommunications failures, labor disruptions, or major infrastructure outages.

The affected party shall provide reasonable notice and use commercially reasonable efforts to mitigate the effects.

Force majeure shall not excuse payment obligations already accrued unless otherwise agreed or required by law.

23. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Florida, United States of America, without regard to conflict-of-law principles, except where mandatory laws require otherwise.

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith written negotiations for a period of thirty (30) days following written notice of the dispute.

If the dispute remains unresolved, either party may pursue remedies available under applicable law.

For business-to-business disputes, the parties consent to the exclusive jurisdiction of the appropriate state or federal courts located in Miami-Dade County, Florida, unless a separately signed agreement specifies another lawful forum.

Nothing in this section limits nonwaivable consumer rights or statutory protections.

24. CHANGES TO TERMS AND CONDITIONS

Marketing Genie reserves the right to revise these Terms periodically to reflect changes in business operations, services, legal requirements, or company policies.

Updated Terms shall be published with a revised effective date.

Material changes affecting existing contractual relationships shall be communicated as required by law or the applicable agreement.

Continued use of services following legally sufficient notice and acceptance, where required, may constitute agreement to updated Terms.

Changes shall not retroactively modify accrued contractual rights without a legally valid basis.

25. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the extent permitted by law or severed where necessary.

The remaining provisions shall remain in effect to the extent legally permissible.

26. NO WAIVER

Failure by Marketing Genie to enforce any provision of these Terms shall not constitute a permanent waiver of its right to enforce that provision or any other provision.

Any waiver must be authorized by Marketing Genie and documented in writing.

27. ENTIRE AGREEMENT

These Terms, together with applicable signed service agreements, statements of work, proposals, and expressly incorporated policies, constitute the agreement between the parties concerning their subject matter.

They supersede prior inconsistent discussions or representations concerning that subject matter, except as otherwise expressly provided in a signed agreement.

No provision shall be interpreted to eliminate rights that cannot legally be waived.

28. ELECTRONIC COMMUNICATIONS AND SIGNATURES

Clients agree that contracts, invoices, notices, approvals, and other business communications may be exchanged electronically where legally permissible.

Electronic signatures and electronic records may have the same legal effect as their physical counterparts when the requirements of applicable law are satisfied.

Marketing Genie may maintain electronic records of client acceptance, communications, agreements, and transactions in accordance with applicable retention and privacy requirements.

29. MANDATORY CLIENT ACKNOWLEDGMENT

BY ACCEPTING THESE TERMS, EACH CLIENT OR CUSTOMER EXPRESSLY ACKNOWLEDGES AND CONFIRMS THAT:

They have been given access to these Terms and Conditions.
They have read and understood the Terms and Conditions.
They agree to be bound by these Terms and Conditions.
They understand that Marketing Genie LLC may require Privacy Policies and Terms and Conditions for businesses engaged in international commercial activities.
They understand that businesses operating online shopping carts or e-commerce checkout systems may be required to maintain additional legal policies.
They acknowledge that all legal policies required by Marketing Genie must be prepared, reviewed, and approved by a qualified, licensed attorney.
They accept responsibility for the legal compliance of their own business operations, products, services, and policies.
They understand that Marketing Genie LLC is not a law firm and does not provide legal advice.
They understand that failure to comply with these requirements may result in refusal, suspension, or termination of services, subject to applicable law and contractual obligations.
They voluntarily accept these Terms as a condition of receiving services from Marketing Genie LLC.

30. NO-REFUND POLICY, RIGHT TO REFUSE SERVICE, BREACH OF TERMS, AND TERMINATION

30.1 Right to Refuse or Discontinue Business

Marketing Genie LLC reserves the right, to the fullest extent permitted by applicable law, to refuse, decline, suspend, discontinue, or terminate any business relationship with any prospective or existing customer, client, business, organization, or representative.

Marketing Genie LLC shall have the discretion to determine whether to establish, continue, or renew a business relationship, subject to applicable laws, existing contractual obligations, and legally protected rights.

30.2 Breach or Intent to Breach Terms and Conditions

Marketing Genie LLC reserves the right to refuse, suspend, or terminate services if a customer or client:

Violates or breaches any provision of these Terms and Conditions.
Communicates, verbally or in writing, a clear intention to violate or breach any provision of these Terms and Conditions.
Threatens to disregard, circumvent, or intentionally violate any contractual obligation or company policy.
Attempts to engage in conduct intended to evade the requirements of these Terms and Conditions.
Refuses to comply with any mandatory policy, contractual requirement, or lawful business procedure established by Marketing Genie LLC.
Makes materially false, misleading, or fraudulent statements concerning compliance with these Terms and Conditions.
Engages in conduct constituting an actual or anticipatory material breach of an agreement with Marketing Genie LLC.

A clear and unequivocal statement of intent to commit a material breach, whether communicated verbally, electronically, or in writing, may constitute grounds for immediate refusal or termination of services, even if the threatened breach has not yet occurred.

Marketing Genie LLC may document such communications and rely upon them in determining whether to continue the business relationship.

30.3 Strict No-Refund Policy

ALL PAYMENTS MADE TO MARKETING GENIE LLC ARE NONREFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THE GOVERNING SERVICE AGREEMENT.

If Marketing Genie LLC lawfully refuses, suspends, discontinues, or terminates services because of a customer's or client's actual breach, material noncompliance, or legally sufficient anticipatory breach of these Terms and Conditions, the customer or client shall not be entitled to a refund of fees earned, services performed, or nonrecoverable costs incurred.

This policy applies to applicable nonrefundable deposits, onboarding charges, setup fees, consulting fees, marketing fees, administrative fees, and other charges expressly identified as nonrefundable in the governing agreement.

No refund shall be issued solely because Marketing Genie LLC exercises a lawful contractual right to discontinue a business relationship due to the customer's or client's breach.

30.4 Termination at Marketing Genie's Discretion

Marketing Genie LLC reserves the right to elect not to conduct future business with any customer or client for legitimate, lawful business reasons.

When Marketing Genie LLC elects to discontinue a relationship without a customer or client breach, the treatment of advance payments, unperformed services, and unused balances shall be governed by the applicable service agreement and mandatory law.

Marketing Genie LLC shall not be required to continue providing services where termination is expressly permitted by the applicable agreement.

30.5 No Waiver of Rights

The decision by Marketing Genie LLC not to enforce a particular breach immediately shall not constitute a waiver of its right to enforce these Terms and Conditions in the future.

Marketing Genie LLC reserves all lawful contractual rights and remedies arising from a customer's or client's breach.

30.6 Survival of Obligations

Termination of a business relationship shall not eliminate any outstanding payment obligations, confidentiality requirements, intellectual property protections, indemnification obligations, or other provisions intended to survive termination.

30.7 Applicable Law and Nonwaivable Rights

Nothing in this section shall be interpreted to eliminate a refund, restitution, chargeback, or other remedy that cannot lawfully be waived.

Where applicable law or a binding agreement requires reimbursement for services not performed, such requirements shall control notwithstanding the Company's general no-refund policy.

BY ACCEPTING THESE TERMS AND CONDITIONS, THE CUSTOMER OR CLIENT ACKNOWLEDGES THE COMPANY'S RIGHT TO REFUSE OR TERMINATE SERVICES FOR CONTRACTUAL BREACHES AND ACCEPTS THE APPLICABLE NONREFUNDABLE PAYMENT CONDITIONS SET FORTH HEREIN.

THE CLIENT'S AFFIRMATIVE ACCEPTANCE OF THESE TERMS, INCLUDING THROUGH AN AUTHORIZED ELECTRONIC ACCEPTANCE PROCESS OR A SIGNED AGREEMENT INCORPORATING THESE TERMS, CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT TO THEIR PROVISIONS.

31. CONTACT INFORMATION

Questions concerning these Terms and Conditions, contractual obligations, or company requirements may be directed to:

Marketing Genie LLC
Florida, United States of America

Official Website: www.MarketingGenie305.com
Email Address: Info@MarketingGenie305.com
Business Mailing Address: 251 Valencia Ave #765 Coral Gables FL 33114