Effective Date: November 15, 2024

Welcome to Deviate Media (https://www.deviatemedia.com). By accessing or using our website and services, you agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, you should not access or use our website or services.

1. Acceptance of Terms

By using our website or any Deviate Media services, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. Deviate Media reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the website or services after any changes signifies your acceptance of the updated Terms.

2. Services

Deviate Media provides digital marketing, social media management, website design, content creation, SEO, and other related services (collectively, “Services”). The specifics of each service, including deliverables, timelines, and payment terms, will be outlined in a separate agreement between you (the “Client”) and Deviate Media.

3. Eligibility

You must be at least 18 years old to use our services. By using our website or services, you represent and warrant that you have the legal right, authority, and capacity to enter into these Terms and abide by them.

4. User Responsibilities

• Account Information: If you create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.
• Accurate Information: You agree to provide accurate and complete information when you use our website and services.
• Compliance: You agree to comply with all applicable laws, rules, and regulations in connection with your use of our website and services.

5. Intellectual Property

• Ownership: Deviate Media owns or has rights to all content, trademarks, logos, and intellectual property displayed on the website or used in delivering services, except for content provided by clients.
• Restrictions: You may not copy, reproduce, distribute, or create derivative works from any of our content without express written permission from Deviate Media.
• License to Use: Deviate Media grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for your internal business use.

6. Client Content and Responsibilities

• Client Content: You may provide text, images, videos, and other materials (“Client Content”) for use in our services. You retain ownership of your Client Content, and you grant Deviate Media a non-exclusive, worldwide license to use, display, and distribute your content as necessary to provide the services.
• Warranties: You represent and warrant that you own or have the necessary rights to the Client Content you provide, and that your content does not infringe upon any third-party intellectual property rights, defame any person, or violate any law.
• Indemnification: You agree to indemnify and hold Deviate Media harmless from any claims arising from or related to the Client Content you provide.

7. Fees and Payments

• Payment Terms: Fees for our services are outlined in your specific service agreement. Payment terms, including deposit requirements, installment options, and final payment, are as outlined in that agreement.
• Late Payments: Late payments may incur additional fees. Failure to pay for services may result in suspension or termination of services.
• Refunds: Refunds, if applicable, are subject to the terms outlined in your service agreement.

8. Service Modifications and Cancellations

• Modifications: Deviate Media reserves the right to modify or discontinue any aspect of our services, including pricing and service features, at any time.
• Cancellation Policy: Clients may cancel services per the terms of their specific service agreement. Cancellation fees may apply based on the progress of the project and time invested.

9. Third-Party Links and Content

Our website may contain links to third-party websites. Deviate Media is not responsible for the content, accuracy, or opinions expressed on these websites. Inclusion of any linked website does not imply approval or endorsement by Deviate Media.

10. Disclaimer of Warranties

Deviate Media provides services on an “as is” and “as available” basis. We do not guarantee that the services will be uninterrupted, error-free, or completely secure. Deviate Media disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, Deviate Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from your use of or inability to use our website or services, even if we have been advised of the possibility of such damages. Our maximum liability for any claim related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold Deviate Media, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our website or services, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

Deviate Media reserves the right to suspend or terminate your access to our website and services at any time, without notice, for any reason, including breach of these Terms or failure to pay for services. Upon termination, your right to access and use our website and services will cease immediately.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or your use of the website or services shall be brought exclusively in the courts located within [Your County, State].

15. Dispute Resolution

Any disputes arising under these Terms shall be resolved through binding arbitration in New Hanover County, North Carolina, under the rules of the American Arbitration Association. Each party shall bear its own costs, and the prevailing party shall be entitled to reasonable attorney fees.

16. Changes to These Terms

Deviate Media reserves the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the website or services after any changes are posted constitutes your acceptance of the revised Terms.

17. Contact Information

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

• Email: info@deviatemedia.com
• Address: 226 N Front St Ste. 163, Wilmington, NC 28401, United States
• Phone: 910-284-7228

18. Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between you and Deviate Media with respect to your use of the website and services and supersede all prior or contemporaneous understandings, communications, or agreements.

19. Client Proposals and Specific Terms

For clients engaging with Deviate Media for specific services, such as digital marketing, website design, or other offerings, the terms and conditions outlined in individual client proposals and agreements will govern those engagements. These customized terms take precedence over the general terms of service outlined herein for matters specific to client services, including deliverables, payment terms, project scope, and other details.