Terms of Service
Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you and Cybercom Digital Solutions ("Cybercom," "we," "us," or "our"). By accessing or using our website at cybercomdigital.com, submitting any form, requesting an audit, signing up as a client, or otherwise interacting with our services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not use our website or services.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Description of Services
Cybercom is a digital marketing agency offering services that include, but are not limited to:
- Digital marketing strategy and execution
- Website design, development, and audits
- Search engine optimization (SEO)
- Video production and editing
- Social media marketing
- Content creation
- Local business listings and directory management
- Reputation management
- Free marketing and website audits offered through our website
The specific services provided to any client are governed by a separate engagement agreement, statement of work, or service contract entered into between Cybercom and the client. These Terms apply to your general use of our website and informational interactions; client engagements have additional terms specific to the work being performed.
Eligibility
To use our website and services, you must be at least 18 years old and capable of entering into legally binding agreements. Our services are not directed at children, and we do not knowingly accept submissions from anyone under 13 years of age.
Our services are intended for businesses and individuals located in the United States. If you are accessing our website from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
Your Obligations
When using our website or services, you agree to:
- Provide accurate, current, and complete information when submitting forms or requesting services
- Use the website and services only for lawful purposes
- Not impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Not interfere with or disrupt the website, servers, or networks connected to the website
- Not attempt to gain unauthorized access to any part of the website, other accounts, or systems
- Not use automated tools (bots, scrapers, crawlers) to access the website except as expressly permitted
- Not submit content that is illegal, defamatory, harassing, threatening, obscene, or infringing
- Not use our website or services to send spam, phishing, or other unsolicited communications
- Comply with all applicable laws and regulations, including those governing advertising, intellectual property, and consumer protection
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, with or without notice, for any conduct we believe violates these Terms or is otherwise harmful to other users, our business, or third parties.
Form Submissions & Communications
When you submit a form on our website (including the free marketing audit, website audit, new client onboarding, or contact form), you understand and agree that:
- The information you provide will be used to fulfill the service you've requested and to communicate with you about our services
- We may contact you by email, phone, or text message in response to your submission
- "Free" audits and consultations are offered without obligation, but require accurate information about your business to be useful
- Submission of a form does not create a contractual relationship for services beyond what is explicitly offered (e.g., delivery of a free audit)
- We reserve the right to decline to provide a free audit or other complimentary service at our discretion
- Information you provide in form submissions is governed by our Privacy Policy
Client Relationships
If you become a paying client of Cybercom, the services we provide will be governed by a separate written agreement signed by both parties. That agreement, not these Terms, will govern:
- The specific services to be performed
- Pricing, payment terms, and refund policies
- Project timelines and deliverables
- Ownership of work product
- Confidentiality obligations
- Termination of the engagement
In the event of a conflict between these Terms and a signed client engagement agreement, the client engagement agreement controls with respect to that engagement.
Intellectual Property
Our Content
All content on our website — including text, graphics, logos, images, video, audio, software, designs, and code — is owned by Cybercom or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our content without our prior written permission. You may view, share, and print our content for personal, non-commercial use.
Our Trademarks
"Cybercom," "Cybercom Digital," the Cybercom logo, and other Cybercom marks are trademarks of Cybercom Digital Solutions. You may not use our trademarks without our prior written consent.
Your Content
When you submit content to us through our forms (including business information, logos, brand assets, descriptions, products, services, and similar materials), you retain ownership of that content. However, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, display, and reproduce that content as needed to provide our services to you.
You represent and warrant that any content you submit is owned by you or that you have all necessary rights to grant us this license, and that your content does not infringe the intellectual property rights of any third party.
Feedback
If you provide us with feedback, suggestions, or ideas about our services or website, you agree that we may use this feedback freely without compensation or attribution.
Third-Party Content & Links
Our website may contain links to third-party websites, content, or services. We provide these links for convenience and do not endorse or assume any responsibility for the content, accuracy, privacy practices, or operation of third-party sites.
Your interactions with third-party websites and services are solely between you and the third party. We are not responsible for any loss or damage that may arise from those interactions.
Disclaimers
Important: Please read this section carefully. It limits our liability and disclaims certain warranties.
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Free Audits & Educational Content
Information provided in free audits, blog posts, guides, or other educational content on our website is for general informational purposes only. It is not a substitute for professional consultation specific to your business situation. Audit results are based on the information you provide and publicly available data, and may not capture every relevant factor.
Marketing Results
We do not guarantee specific marketing results. Statistics referenced on our website (such as conversion rate improvements, traffic increases, or retention figures) are general industry references or based on past results and do not guarantee future performance for any specific client. Marketing outcomes depend on many factors outside our control, including your industry, market conditions, audience behavior, and competitive landscape.
Website Availability
We do not warrant that our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We may modify, suspend, or discontinue any aspect of our website at any time without notice.
Third-Party Services
We use third-party services and tools to deliver our offerings, and we are not responsible for outages, errors, or changes in those third-party services.
Limitation of Liability
Important: This section limits the amount and types of damages you can recover from us.
To the fullest extent permitted by law, in no event shall Cybercom, its officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for lost profits, lost revenue, lost data, loss of goodwill, business interruption, or other intangible losses, arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.
Our total cumulative liability arising out of or related to your use of our website or any free services shall not exceed one hundred dollars ($100). For paid client engagements, our liability is further limited as set forth in the applicable engagement agreement.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Cybercom and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of our website or services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
- Any content or information you submit to us
- Your violation of any applicable law or regulation
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of that claim.
Termination
We reserve the right, at our sole discretion and without notice, to:
- Refuse access to our website or services to any person
- Suspend or terminate any account or registration
- Remove any content from our website
- Discontinue, modify, or restrict any aspect of our website or services
You may stop using our website at any time. Termination of a client engagement is governed by the applicable client engagement agreement.
The provisions of these Terms that by their nature should survive termination — including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution — will survive termination.
Governing Law & Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
Any legal action or proceeding arising out of or related to these Terms or your use of our website shall be brought exclusively in the state or federal courts located in Virginia Beach, Virginia, and you consent to the personal jurisdiction and venue of those courts.
Informal Resolution
Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will work in good faith to resolve disputes amicably. You and we agree to attempt informal resolution for at least 30 days before pursuing formal action.
Time Limit
Any cause of action arising out of or related to your use of our website or these Terms must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.
Class Action Waiver
You and Cybercom agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through informal resolution, you and Cybercom each waive any right to a jury trial.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any applicable client engagement agreement, constitute the entire agreement between you and Cybercom regarding your use of our website and services.
Changes to These Terms
We may update these Terms from time to time. When we do, we'll update the "Last Updated" date at the top of this page. Significant changes will be communicated through a notice on our website or by email where appropriate. Your continued use of our website after changes take effect constitutes acceptance of the updated Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision in the future.
Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without notice.
Force Majeure
We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of war, terrorism, pandemics, government actions, internet or telecommunications failures, or other force majeure events.
Headings
Section headings in these Terms are for convenience only and do not affect interpretation.
Contact Us
If you have questions about these Terms, please contact us:
Cybercom Digital Solutions
We're happy to clarify anything in these Terms. Reach out through any of the channels below.