Terms of Service

Last Updated: December 4th, 2025

Welcome to McClain Consulting (“Company,” “We,” “Us,” or “Our”).

These Terms of Service (“Terms”) govern your use of our website located at mcclainconsultants.com (“Website”), as well as any products, services, content, communications, or resources provided by McClain Consulting (collectively, the “Services”).

By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. Eligibility

You must be at least 18 years old to use our Website and Services and capable of forming a binding legal agreement.

2. Services Provided

McClain Consulting provides marketing and consulting services including, but not limited to:

Social media management

Advertising campaign creation and management

SEO strategy and optimization

Content creation and branding

Consulting calls, strategy sessions, and business advisory

Digital marketing solutions

SMS and email communications

Services may change or be updated at any time without notice.

3. No Guarantees

Marketing performance varies based on multiple factors outside our control.

We do not guarantee specific results, sales numbers, client growth, or revenue outcomes.

Any testimonials or case studies shared on this website are examples only and do not represent a promise of results.

4. Intellectual Property

All content on the Website and all materials provided during the Services, including:

Branding

Logo(s)

Designs

Written materials

Templates

Posts, scripts, website copy

Digital assets

Content calendars

Courses or educational resources

are the exclusive property of McClain Consulting, unless otherwise noted.

You may not reproduce, distribute, modify, or create derivative works without written permission.

5. Client Responsibilities

By using our Services, you agree to:

Provide accurate business information

Act in compliance with laws and regulations

Maintain control over accounts provided for ad management

Maintain payment method(s) for any recurring services

Not use our deliverables for unlawful purposes

You are responsible for complying with advertising and marketing standards applicable in your industry.

6. Payment & Billing

Payments for Services will be made as agreed upon in our service agreement, contract, invoice, or online purchase.

All payments are due on the date listed

Late payments may result in delayed work or paused services

Deposits and consulting calls are non-refundable

For monthly retainers, payment is due on the same date each month, unless otherwise agreed.

7. Cancellation & Termination

Either party may terminate Services with appropriate notice as stated in your signed agreement.

We reserve the right to cancel or suspend Services immediately for failure to pay, inappropriate behavior, illegal activity, or breach of these Terms.

8. Third-Party Tools & Platforms

We may use third-party platforms such as:

Facebook, Instagram, TikTok

Google Ads, Google Business Profile

Email and SMS platforms

Analytics tools

Software providers

We are not responsible for outages, technical issues, policy changes, ad performance, or account restrictions of any third-party platform.

9. SMS & Email Communications

By providing your contact information, you may receive emails, messages, or SMS updates from McClain Consulting.

You may unsubscribe at any time by clicking “Unsubscribe” in emails or replying “STOP” to SMS messages.

Message and data rates may apply.

10. Privacy

Your use of our Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

The Privacy Policy is available at:

[Link to Privacy Policy]

11. Links to Other Websites

We may provide links to third-party websites for convenience.

We do not control or endorse the content of any external sites and are not responsible for their policies or actions.

12. Limitation of Liability

To the fullest extent permitted by law, McClain Consulting will not be liable for:

Lost profits

Lost revenue

Business interruption

Loss of data

Indirect or consequential damages

Even if we were advised of the possibility of such damages.

Our total liability for any claim arising from the Website or Services shall not exceed the amount you paid us in the 90 days preceding the event.

13. Indemnification

You agree to defend, indemnify, and hold McClain Consulting harmless from any claims or damages arising from:

Your use of the Services

Your violation of these Terms

Your violation of applicable laws

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

Any disputes shall be resolved in courts located in Polk County, Florida.

15. Changes to Terms

We may update these Terms at any time.

The updated version will be posted with a new “Last Updated” date.

Continued use of the Website constitutes acceptance of the changes.

16. Contact Information

For questions regarding these Terms, please contact:

McClain Consulting

Email: [email protected]

Website: mcclainconsultants.com