Scope of Services
D & M Marketing offers a range of digital marketing and business development services designed to enhance the visibility, growth, and operational efficiency of our clients' businesses. Our services include, but are not limited to, the following categories:
Marketing Services:
Facebook Ads Management.
Business Financing Solutions:
Google Local Service Ads Management
Near Me Search Optimization
Google PPC Ads
Pay Per Result SEO
Website Design and Hosting
AI solutions such as Biz Brain AI
Business Financing Solutions:
Credit-Based Financing
Cash Flow-Based Financing
Asset-Based Financing
Business Credit Suite
Coaching:
Business Coaching
Relationship Coaching
Mastermind Groups
Our services are provided as described on our website and within any client-specific agreements. These services are tailored to meet the needs of home service businesses, aiding them in achieving optimal marketing outcomes and business growth.
Service Delivery: Services will be rendered through a combination of online platforms, digital tools, and direct client interactions as appropriate. Service specifics, such as scope, duration, and deliverables, will be outlined in individual service agreements or packages as purchased by the client.
Client Responsibilities: Clients are responsible for providing accurate and complete information necessary for the effective delivery of our services. Clients must also comply with all terms and conditions set forth in individual service agreements, including timely payment for services rendered.
Modifications to Services: D & M Marketing reserves the right to modify the scope or type of services offered at any time. Notice of such changes will be provided on our website or communicated directly to our existing clients as required.
By using our services, clients agree to abide by the terms and conditions outlined in this section and any other applicable agreements. Misuse or unauthorized use of our services may result in the termination of service provision and/or legal action.
Use of the Site
General Conditions: D & M Marketing provides access to this website subject to the following terms of use, which may be updated by us from time to time without notice to you. By using this website, you agree to be bound by these terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Permitted Use: You may use our site for lawful purposes only and may not use it:
In any way that breaches any applicable local, national, or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content Standards: These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the U.S. and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, hateful, or inflammatory.
Promote sexually explicit material.
Promote violence.
Infringe any copyright, trademark, patent, trade secret, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy.
Be likely to harass, upset, embarrass, or alarm any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us if this is not the case.
Advocate, promote, or assist any unlawful act.
Interactive Services: We may from time to time provide interactive services on our site, including, without limitation:
Chat rooms.
Bulletin boards.
Review systems.
When we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
Changes to the Site: D & M Marketing reserves the right to change the design, features, and/or functionality of the site by making updates and improvements at any time without notice.
Site Uptime: We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this website is unavailable at any time.
Intellectual Property
Ownership of Intellectual Property: All intellectual property rights in and to the website, its content including all texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), and the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content contained on the site is owned, controlled, or licensed by or to D & M Marketing.
Specifically, the D & M Marketing logo and the service name "Biz Brain AI" are trademarks of D & M Marketing and are protected by trademark laws in the United States and other countries. These trademarks may not be used in connection with any product or service that is not D & M Marketing's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits D & M Marketing.
Protection of Intellectual Property: You are expressly prohibited from:
Copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, or distributing any part of the website and the Content provided by D & M Marketing in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without D & M Marketing’s express prior written consent.
Using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.
License to Use Your Contributions: By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to D & M Marketing through its suggestion or feedback web pages, you acknowledge and agree that:
Your Contributions do not contain confidential or proprietary information.
D & M Marketing is not under any obligation of confidentiality, express or implied, with respect to the Contributions.
D & M Marketing shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide.
D & M Marketing may have something similar to the Contributions already under consideration or in development.
Your Contributions automatically become the property of D & M Marketing without any obligation of D & M Marketing to you.
You are not entitled to any compensation or reimbursement of any kind from D & M Marketing under any circumstances.
Infringement Claims: If you believe that any content published on our website infringes upon your intellectual property rights, you may submit a notification to us with the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
The URL or other specific location on our website where the material that you claim is infringing is located. Your electronic or physical signature.
D & M Marketing respects the intellectual property of others, and we ask our users to do the same. We will respond to all such notices and comply with applicable law.
Limitation of Liability
General Disclaimer: D & M Marketing provides the website and its services on an "as is" and "as available" basis. We do not make any representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk.
Limitation of Liability: To the fullest extent permitted by applicable law, D & M Marketing, its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the services;
Any conduct or content of any third party on the services;
Any content obtained from the services;
Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Specific Disclaimer: D & M Marketing does not warrant that:
The service will function uninterrupted, secure, or available at any particular time or location;
Any errors or defects will be corrected;
The service is free of viruses or other harmful components;
The results of using the service will meet your requirements.
Your Responsibilities: You specifically acknowledge that D & M Marketing shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Limitation of Damages: In no event shall D & M Marketing's aggregate liability exceed the amount you paid D & M Marketing in the past twelve months for the services in question.
Indemnification: You agree to defend, indemnify, and hold harmless D & M Marketing, its affiliates, officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the website and its services or your breach of these terms of service.
Dispute Resolution
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tulsa, Oklahoma. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction below, and the Parties agree to submit to the personal jurisdiction of that court.
Governing Law: Except as varied by any arbitration rules to which both Parties are subject, these Terms of Service and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule.
Courts of Jurisdiction: In the event that the arbitration agreement in these Terms of Service is found not to apply to you or your claim, you agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Tulsa, Oklahoma. Both you and D & M Marketing consent to venue and personal jurisdiction there.
Data Collection
Types of Data Collected: D & M Marketing is committed to transparency in the collection and use of your personal information. The types of data we collect are as follows:
Contact Information: When you use our website or engage in a service agreement, we collect information such as your name, email address, phone number, and any other contact details you provide. This information is gathered through forms on our website and communication channels such as telephone calls.
Payment Information: For processing payments for our services, we collect necessary financial data, including credit card numbers, billing addresses, and security codes as needed. This information is collected securely during transactions or interactions over the phone, Zoom, or similar with our clients.
Interaction Data: We collect information on how you interact with our website and services, including but not limited to, clicks, page views, and navigation paths.
Communication Records: When you communicate with us, we may keep records of those communications and any information provided during those interactions to assist in servicing your account and improving our services.
Methods of Data Collection:
Website Forms: We use forms embedded on our website to gather essential contact details and service requirements from you. These forms are designed to be straightforward and secure, ensuring that your personal information is collected with your consent and stored safely.
Telecommunication Interactions: During calls with our clients, we may collect information required to fulfill service requests or process payments. Our staff is trained to handle this information with the utmost confidentiality and in compliance with applicable data protection laws.
Purpose of Data Collection: The data collected by D & M Marketing is primarily used to:
Provide and manage our services efficiently.
Process transactions and maintain accurate financial records.
Communicate with you regarding your account or services you have requested.
Improve our website functionality and service offerings based on user interactions and preferences.
Comply with legal and regulatory obligations.
Consent: By providing your personal details through our website forms or other interactions, you consent to the collection and use of your information as described in this policy. We ensure that all data collection methods comply with the latest data protection standards and regulations.
Data Sharing
Purpose and Scope of Data Sharing: D & M Marketing collaborates with a variety of domestic partners to ensure the effective delivery of our services and to enhance our analytical capabilities. The sharing of data is conducted strictly for purposes essential to service fulfillment and the improvement of our service offerings through analytics.
Types of Partners: We share data with the following types of domestic partners:
Service Providers: These include companies that support the operational aspects of our business, such as payment processing, order fulfillment, customer service, and marketing efforts. Sharing data with these providers allows us to deliver the services you have requested efficiently.
Analytics Firms: We work with analytics firms to analyze how our services are used. This helps us understand user behavior and improve our website and services. Data shared with these firms is used to gain insights into the effectiveness of our advertising and the usability of our website, which in turn helps us tailor our offerings to better meet your needs.
Safeguards and Confidentiality: All data shared with our partners is subject to strict confidentiality agreements and is shared under the framework of legal compliance. We ensure that:
Our partners are committed to maintaining the highest standards of data protection and are bound by contractual obligations to keep personal information confidential and secure.
Data is shared on a need-to-know basis, limited to what is necessary for the completion of the services or analysis required.
Appropriate security measures are in place to protect your data against unauthorized access, alteration, disclosure, or destruction.
Legal Compliance: Our data sharing practices comply with applicable data protection laws. We take steps to ensure that all our partners adhere to these laws and implement robust data protection and privacy practices.
Your Rights: You have the right to know how your data is being used and shared. You can request information about the types of partners we share your data with and the purposes of such sharing at any time. You also have the right to object to certain types of data sharing, subject to legal and contractual limits.
User Rights
Overview of Rights: At D & M Marketing, we are committed to ensuring that you remain in control of your personal data. Below are the rights that you, as a user, have concerning your data that we collect and process:
Right to Access: You have the right to request access to the personal data we hold about you. This enables you to receive a copy of the personal data we have about you and to check that we are lawfully processing it.
Right to Correction: You have the right to request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Right to Erasure: You have the right to request the deletion or removal of personal data when there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
Right to Object to Processing: You have the right to object to the processing of your personal data if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to where we are processing your personal data for direct marketing purposes.
Right to Restrict Processing: You have the right to request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
How to Exercise Your Rights: To exercise any of the above rights, please contact us via email at [email protected]. When making a request, please provide us with enough information to identify you (e.g., your full name, address, and customer or account number), and let us know the data to which your request relates, including any account or reference numbers, if you have them.
Data Security
Commitment to Data Security: At D & M Marketing, the security of your personal information is of paramount importance. We are committed to protecting the data you share with us and have implemented various security measures to prevent unauthorized access, use, alteration, or destruction of your personal data.
Security Measures: Our data security strategy includes the following measures:
Encryption: We use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site to safeguard your personal information.
Secure Servers: Your personal information is stored on secure servers, and we use computer safeguards such as firewalls and data encryption to keep this information protected.
Access Controls: Access to personal information is strictly limited to employees, contractors, and agents who need to know that information to process it for us, and they are subject to strict contractual confidentiality obligations. They may be disciplined, or their contract terminated if they fail to meet these obligations.
Regular Audits: We regularly review our practices for collecting, storing, and processing information, including physical security measures, to guard against unauthorized access to systems.
Data Breach Procedures: In the unlikely event of a data breach, we have put in place procedures to deal with any suspected personal data breach. We will notify you and any applicable regulator where we are legally required to do so.
Limitations of Online Security: While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal data.
Your Responsibilities: We also advise you to take steps to protect yourself against unauthorized access to your password and to your computer. After you finish accessing your account, please log out and exit your browser to prevent unauthorized users from accessing your account. Choose a robust password that nobody else knows or can easily guess and keep your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Updates to Our Security Practices: As we continue to evaluate and implement enhancements in security technology and practices, we may update this policy accordingly. If we make any changes to our security practices, we will update this section of our privacy policy.
Changes to the Policy
Policy Updates: D & M Marketing reserves the right to update or modify this privacy policy at any time and from time to time without prior notice. Changes to this privacy policy will be posted on our website, helping you to be aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Reviewing Changes: We encourage you to review this policy periodically for any changes. It is your responsibility to check our website frequently to see recent changes. Continued use of our website and services following the posting of changes to these terms will indicate your acceptance of those changes.
Location of Policy: The latest version of our privacy policy will always be available on our website. You can access it through a dedicated privacy policy link typically found in the footer of our site.
Contact Us: If you have any questions or concerns about this privacy policy or its implementation, you may contact us at [email protected]. Any questions about changes to the policy can also be directed to this email address.