Terms of Use

Last Updated: July 31, 2026

These Terms of Use (“Terms”) govern your access to and use of the website located at brandingcompanyllc.com and any webpages, landing pages, forms, funnels, tools, downloads, communications, and other online services operated by Branding Company LLC (“Branding Company,” “Company,” “we,” “us,” or “our”) that link to these Terms. Collectively, these are referred to as the “Services.”

Please read these Terms carefully. By accessing or using the Services, submitting information through the Services, or affirmatively agreeing to these Terms, you agree to be bound by them and by our Privacy Policy.

If you do not agree to these Terms, do not use the Services.

  1. About Branding Company LLC. Branding Company LLC is a marketing and consulting agency that provides services including website development, branding, advertising, search engine optimization, social media marketing, content development, marketing strategy, lead generation, consulting, and related services.

    Information presented through the Services describes our agency, our capabilities, and services that may be available. Use of the Services does not by itself create a client, advisory, fiduciary, partnership, employment, or other professional relationship between you and Branding Company.

    Any services we provide to a client are governed by a separate written proposal, statement of work, services agreement, or other written contract.

  2. Eligibility and Authority. You must be at least 18 years old to use the Services. When using the Services on behalf of a business, organization, or other entity, you represent that you have authority to act on its behalf and to bind it to these Terms.

  3. Permitted Use. Subject to these Terms, Branding Company grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for lawful personal or business purposes.

    You may use the Services to:

    • Learn about Branding Company and its services;
    • Submit an inquiry or request information;
    • Schedule a consultation;
    • Subscribe to authorized email or text-message communications;
    • Access materials that we make available to you; and
    • Communicate with us regarding potential or existing services.

    No other rights are granted.

  4. Prohibited Conduct. You may not use the Services to:

    • Violate any applicable law, regulation, court order, or third-party right;
    • Submit false, misleading, fraudulent, or impersonated information;
    • Interfere with the operation, security, or availability of the Services;
    • Attempt to gain unauthorized access to any account, server, database, system, or network;
    • Introduce viruses, malicious code, automated scripts, bots, crawlers, scraping tools, or other harmful technology;
    • Collect information about other users without authorization;
    • Copy, reproduce, republish, distribute, sell, sublicense, or commercially exploit the Services or their content without written permission;
    • Remove copyright, trademark, attribution, or proprietary notices;
    • Use the Services to transmit spam, unlawful advertising, harassment, or abusive material;
    • Misrepresent your affiliation with Branding Company;
    • Use our name, trademarks, materials, or Services in a manner that suggests an unauthorized endorsement or relationship; or
    • Assist another person in engaging in prohibited conduct.

    We may restrict or terminate access to the Services when we reasonably determine that a user has violated these Terms or created a risk to the Company, another person, or the Services.

  5. Landing Pages, Funnels, and Lead Forms. The Services may include landing pages, advertising funnels, surveys, questionnaires, calculators, assessments, scheduling tools, downloads, and lead-generation forms.

    When you submit information through one of these tools, you represent that:

    • The information is accurate and complete;
    • You are authorized to provide the information;
    • The contact information belongs to you or you are authorized to use it;
    • Your submission does not infringe another person’s rights; and
    • You are not submitting the information for an unlawful, deceptive, or abusive purpose.

    The specific disclosures shown on a form or landing page are incorporated into these Terms. Where a form contains terms that differ from these general Terms, the form-specific disclosure controls with respect to that submission.

    Submitting a form does not guarantee that we will contact you, accept you as a client, provide services, offer particular pricing, or achieve a particular result.

  6. Communications. When you provide contact information to us, you authorize us to communicate with you in response to your inquiry and regarding the purpose for which you supplied that information.

    Depending on your selections and consent, communications may include:

    • Responses to inquiries;
    • Consultation scheduling;
    • Appointment reminders;
    • Project or service information;
    • Requested resources;
    • Account or billing communications;
    • Follow-up communications;
    • Newsletters;
    • Marketing information; and
    • Promotional offers.

    You are responsible for ensuring that your email address, telephone number, and other contact information remain accurate.

  7. Email Communications. You may unsubscribe from promotional email communications by using the unsubscribe link included in the message or by contacting us at dan@brandingcompanyllc.com.

    An unsubscribe request may not prevent us from sending non-promotional communications concerning an active business relationship, requested service, transaction, account, security issue, or legal notice.

    Unsubscribing from one mailing list may not automatically unsubscribe you from a separate list for which you independently registered.

  8. SMS and Text-Message Terms. By providing your mobile telephone number and affirmatively opting in, you consent to receive SMS or MMS messages from Branding Company LLC at the number provided.

    Messages may include:

    • Responses to inquiries;
    • Consultation or appointment coordination;
    • Reminders;
    • Requested information;
    • Project or service updates;
    • Account or billing notifications; and
    • Marketing or promotional communications when you have consented to receive them.

    Messages may be sent using automated technology. Consent to receive marketing text messages is not a condition of purchasing goods or services.

    Message frequency varies. Message and data rates may apply.

    You may opt out at any time by replying STOP to a message. We may send one final message confirming your opt-out. After that confirmation, you will no longer receive messages from that messaging program unless you opt in again.

    For assistance, reply HELP or contact us at dan@brandingcompanyllc.com.

    Carriers are not liable for delayed or undelivered messages. Message delivery is subject to transmission by your wireless carrier and is outside our control.

    You represent that you are the subscriber or customary user of the mobile number provided and are authorized to consent to messages at that number. You agree to notify us if you stop using or transfer the number.

    Mobile telephone numbers, SMS opt-in records, and messaging consent will not be sold, rented, or shared with third parties or affiliates for their independent marketing or promotional purposes. Information may be provided to vendors that help us operate and support the messaging program, subject to appropriate restrictions.

    Your participation in our messaging program is also governed by our Privacy Policy.

  9. Third-Party Platforms and Services. The Services may depend on or link to third-party platforms, including advertising networks, social media platforms, search engines, analytics providers, scheduling systems, customer relationship management systems, email and text-message platforms, payment processors, video-hosting services, website-hosting providers, and other software or technology providers.

    Third-party services are governed by their own terms and privacy practices. Branding Company does not control and is not responsible for the availability, security, accuracy, policies, content, or conduct of third-party services.

    A link or integration does not imply that Branding Company endorses or controls the third party.

  10. Informational Content. Content provided through the Services is offered for general informational and marketing purposes.

    Marketing, advertising, technology, platform rules, search-engine systems, and business conditions change over time. We do not represent that every article, resource, example, statement, or description will remain complete or current.

    You are responsible for evaluating information before relying upon it or acting upon it.

  11. Results, Case Studies, and Testimonials. The Services may include case studies, portfolio examples, client testimonials, performance information, statistics, or descriptions of prior work.

    These materials illustrate particular experiences and do not guarantee that another person or business will achieve the same or comparable results.

    Marketing results depend on numerous factors outside our control, including the client’s offer, pricing, market, budget, reputation, sales process, competition, customer demand, platform policies, implementation, and business operations.

    We do not guarantee:

    • Search-engine rankings;
    • Advertising approval;
    • Website traffic;
    • Leads;
    • Appointments;
    • Sales;
    • Revenue;
    • Conversion rates;
    • Audience growth;
    • Media coverage; or
    • Any other specific business outcome.
  12. Intellectual Property. The Services and all content made available through them are owned by Branding Company, its licensors, or other authorized rights holders.

    Protected material may include:

    • The Branding Company name and logo;
    • Website design and layout;
    • Text and written content;
    • Graphics and illustrations;
    • Photographs and videos;
    • Software and source code;
    • Forms, funnels, and page structures;
    • Strategies, methods, frameworks, and processes;
    • Downloads and educational materials; and
    • Other proprietary content.

    These materials are protected by copyright, trademark, trade-secret, and other intellectual-property laws.

    You may not use Branding Company’s trademarks, branding, content, or proprietary materials without prior written permission, except as expressly allowed by these Terms.

  13. Materials You Submit. You retain ownership of materials you submit through the Services.

    By submitting information, text, files, images, feedback, testimonials, or other materials, you grant Branding Company a nonexclusive, worldwide, royalty-free license to receive, store, reproduce, and use those materials as reasonably necessary to:

    • Respond to your submission;
    • Evaluate a potential engagement;
    • Provide requested services;
    • Operate the Services;
    • Maintain records;
    • Prevent fraud or misuse; and
    • Comply with legal obligations.

    This license does not authorize us to use confidential client materials for public promotional purposes unless separately agreed.

    You represent that you have all rights and permissions needed to submit the materials and grant this license.

  14. Feedback. When you voluntarily provide suggestions, ideas, comments, or other feedback concerning the Services, you permit us to use that feedback without restriction or compensation.

    This section does not transfer ownership of your confidential information, trademarks, copyrighted materials, or client work product.

  15. Privacy. Our collection, use, retention, and disclosure of personal information are governed by our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

  16. Security. We use reasonable measures intended to protect the Services and information under our control. No website, transmission method, storage system, or electronic communication is completely secure.

    You are responsible for using appropriate safeguards when transmitting sensitive information electronically.

    Do not submit passwords, payment-card information, Social Security numbers, health records, or other highly sensitive information through a general inquiry form unless the form expressly requests that information and is designed to receive it.

  17. Service Availability and Changes. We may modify, suspend, restrict, or discontinue any part of the Services at any time.

    We do not guarantee that the Services will:

    • Always be available;
    • Operate without interruption;
    • Be free from errors or harmful components;
    • Remain compatible with every device or browser; or
    • Preserve every submission indefinitely.

    We may correct errors, update content, alter features, or remove materials without advance notice.

  18. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

    BRANDING COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS.

    WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR A PARTICULAR PURPOSE.

    Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

  19. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDING COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES, LOST PROFITS, REVENUE, OPPORTUNITIES, DATA, GOODWILL, OR BUSINESS, UNAUTHORIZED ACCESS TO INFORMATION, THIRD-PARTY PLATFORMS OR SERVICES, INTERRUPTIONS, ERRORS, SECURITY EVENTS, HARMFUL CODE, OR THE CONDUCT OF ANOTHER USER OR THIRD PARTY.

    TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE PUBLIC SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT YOU PAID DIRECTLY TO BRANDING COMPANY SPECIFICALLY FOR ACCESS TO THE PUBLIC SERVICES DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) ONE HUNDRED DOLLARS.

    This limitation does not govern liability arising under a separate signed client agreement. Liability relating to paid agency services is governed by that agreement.

    Some jurisdictions do not allow certain liability limitations. In those jurisdictions, the limitations apply only to the extent permitted by law.

  20. Indemnification. You agree to defend, indemnify, and hold harmless Branding Company and its owners, officers, employees, contractors, agents, affiliates, and service providers from claims, liabilities, losses, damages, judgments, costs, and reasonable attorneys’ fees arising from or relating to your violation of these Terms, misuse of the Services, information or materials you submit, violation of another person’s rights, or violation of applicable law.

    We may assume control of the defense of a matter subject to indemnification. You agree to cooperate with that defense.

  21. Copyright Complaints. When you believe material available through the Services infringes your copyright, send a written notice to:

    Branding Company LLC
    10 Brianna Lane
    Yorktown Heights, New York 10598
    dan@brandingcompanyllc.com

    Your notice should identify:

    • The copyrighted work;
    • The material you believe is infringing;
    • Where the material appears;
    • Your contact information;
    • A statement that you have a good-faith belief that the use is unauthorized;
    • A statement that the information in your notice is accurate; and
    • Your physical or electronic signature.
  22. Suspension and Termination. We may suspend or terminate your access to the Services when you violate these Terms, your conduct creates legal, security, operational, or reputational risk, we are required to do so by law, we discontinue the relevant Service, or continued access could harm us, another user, or a third party.

    Termination does not affect rights or obligations that arose before termination.

    Sections concerning intellectual property, submitted materials, disclaimers, limitations of liability, indemnification, dispute terms, and any provisions that by their nature should survive will remain effective after termination.

  23. Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

  24. Venue. Any legal action arising from or relating to the Services or these Terms must be brought exclusively in a state or federal court with jurisdiction over Westchester County, New York. Each party consents to the personal jurisdiction and venue of those courts.

    This section does not govern a dispute arising under a separate agreement that contains its own dispute-resolution terms.

  25. Time Limit for Claims. To the fullest extent permitted by law, any claim arising from or relating to the public Services or these Terms must be filed within one year after the claim arose. A claim filed after that period is permanently barred.

    This limitation does not apply where applicable law prohibits shortening the limitations period.

  26. Changes to These Terms. We may update these Terms periodically. The “Last Updated” date identifies the most recent revision. Updated Terms become effective when posted unless a later effective date is stated.

    When a change materially affects an ongoing messaging program or another service requiring additional consent, we will obtain consent when required.

    Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

  27. Electronic Communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, including through the Services, email, and text message when you have consented to texting.

    Electronic communications satisfy any legal requirement that the communication be in writing, subject to applicable law.

  28. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or transfer of the Services.

  29. No Waiver. A failure to enforce any provision of these Terms does not waive the right to enforce that provision later. A waiver is effective only when stated in writing by an authorized representative of Branding Company.

  30. Severability. When any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the greatest extent permitted by law. The remaining provisions will continue in effect.

  31. Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Branding Company concerning your use of the public Services.

    They do not replace or modify a signed proposal, statement of work, client services agreement, confidentiality agreement, or other separate written contract between you and Branding Company.

  32. Contact Us. Questions concerning these Terms may be directed to:

    Branding Company LLC
    10 Brianna Lane
    Yorktown Heights, New York 10598
    dan@brandingcompanyllc.com

Do you want more clients?

Branding Company will audit your website and provide a free assessment of your online marketing performance, plus provide you action steps, a comprehensive marketing proposal to fit your needs and budget, plus 30 days access to our freemium marketing tools.

By signing up, you agree to our Privacy Policy including the data transfer policy as pertains to European users.

Or book a free 15-minute phone call with our Founder & Principal Dan Branda to assess your online marketing needs.

x