Terms of Use
Effective Date: June 13, 2025
Welcome to Garcia Digital Media LLC (the “Website” or “Site”), the online home of Garcia Digital Media LLC, a New Mexico single-member limited-liability company (“Company,” “we,” “us,” or “our”). This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions that govern your access to and use of the Website and any products, materials, or services we provide through it—including, without limitation, social-media content creation, video production, paid-advertising management, consulting, and any white-labeled GoHighLevel CRM or SMS features (collectively, the “Services”).
1. ACCEPTANCE OF THIS AGREEMENT
1.1 Acceptance Through Use
By accessing or using any part of the Services (including clicking “Accept” where prompted), you agree—on behalf of yourself or the entity you represent—to be bound by this Agreement.
1.2 Eligibility
You must be at least 16 years old to use the Services. By using the Services, you represent that you meet this requirement and have authority to enter this Agreement.
1.3 Changes
We may update this Agreement at any time. Except for legal/administrative edits, we will give reasonable advance notice before changes take effect. Your continued use after a revision date constitutes acceptance of the updated terms.
2. ACCESS TO THE SERVICES
2.1 Changes to Services
The Services may evolve over time. We reserve the right to modify, withdraw, or discontinue the Services, in whole or in part, without notice.
2.2 Account Registration
You may need to register for an account. You agree to provide accurate information and maintain its confidentiality. You are responsible for all activity under your account.
2.3 Termination
We may suspend or terminate your account for violation of these terms at any time.
3. POLICY FOR USING THE SERVICES
You agree not to:
Violate laws or regulations
Spam, impersonate, or harass others
Upload unlawful or infringing content
Interfere with or reverse-engineer the Services
Attempt unauthorized access
4. TERMS OF SALE
Payments are processed through Stripe, PayPal, or QuickBooks Payments.
Subscriptions renew automatically unless cancelled per your invoice/contract.
5. INTELLECTUAL PROPERTY
All content and technology on the Site are owned by Garcia Digital Media LLC or licensors. You may not copy, sell, or reverse-engineer the Services.
6. USER CONTENT
Any content you submit must comply with our standards. You grant us a license to use it in connection with operating the Services.
7. WHITE-LABEL CRM
We may provide clients access to a white-labeled GoHighLevel CRM. We are not liable for outages, data loss, or discontinued features beyond our control.
8. SMS AND TEXT MESSAGING SERVICES
8.1 User Consent
By providing your phone number to Garcia Digital Media LLC, you expressly consent to receive recurring SMS/text messages from us and accounts we manage. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.
8.2 Opt-Out
You may opt out at any time by replying STOP to any message. After you send “STOP,” we will confirm your unsubscribe via SMS. You will no longer receive SMS messages from us unless you opt back in.
8.3 Help
For support, reply HELP to any message or contact us at andres@garciadigitalmedia.com.
8.4 Privacy
We will not share or sell your mobile information with third parties for marketing/promotional purposes. Data may be shared only with vendors and providers who help us deliver SMS services.
8.5 Prohibited Messaging Practices
You may not use our Services to:
Message individuals without their consent
Send unlawful, fraudulent, or offensive content
Continue messaging after a user has opted out
Send messages outside appropriate business hours
8.6 Opt-Out Portal
In addition to SMS opt-outs, we maintain an online portal at https://www.garciadigitalmedia.com/opt-out where individuals may permanently remove themselves from all SMS programs we manage.
9. PRIVACY
Your use of the Services is subject to our Privacy Policy. We do not knowingly collect data from children under 13.
10. DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION
Services are provided “as is,” with no warranties.
We are not liable for indirect or consequential damages.
You agree to indemnify us against claims arising from your misuse of the Services.
11. DISPUTE RESOLUTION
This Agreement is governed by New Mexico law. Disputes will be resolved in Bernalillo County, New Mexico courts or, at our election, through binding arbitration. No class actions permitted.
12. TERMINATION
We may suspend or terminate your access at any time. Provisions that should survive termination (e.g., IP, warranties, limitations) will remain in effect.
13. CONTACT
Garcia Digital Media LLC
601 Menaul Blvd NE, Unit 3803
Albuquerque, NM 87107
andres@garciadigitalmedia.com
Privacy Policy (SMS-Compliant)
Effective Date: June 13, 2025
Garcia Digital Media LLC (“Company,” “we,” “our,” or “us”) respects your privacy.
1. Information We Collect
Contact information (name, email, phone number)
Billing information
Content you provide through forms
Technical usage data (browser, IP, etc.)
2. How We Use Information
To provide Services
To send important updates, including SMS (with your consent)
To process payments
To comply with legal obligations
3. SMS/Text Messaging Data
We do not share or sell your mobile information with third parties for marketing purposes.
We may share your data only with vendors and service providers who support our SMS delivery.
You may opt out at any time by replying STOP or by using our opt-out portal at https://www.garciadigitalmedia.com/opt-out
Message frequency varies. Message & data rates may apply.
4. Your Rights
You may request access, correction, or deletion of your data by contacting us at andres@garciadigitalmedia.com.
5. Children’s Privacy
We do not knowingly collect information from children under 13.
6. Changes
We may update this policy from time to time. Updates will be posted here with a revised effective date.