Terms of Use

1. Purpose of the Website

Profound Marketing is a digital marketing agency that provides marketing, advertising, website, search engine optimization, creative, and related business-growth services, primarily to dental practices and other businesses.

The Website is intended to:

• Provide information about Profound Marketing and our services
• Allow prospective clients to learn about our approach
• Present case studies, testimonials, and examples of past work
• Allow visitors to contact us
• Allow prospective clients to schedule consultations
• Provide educational and marketing-related information
• Facilitate business communications

Use of this Website does not, by itself, create a client, agency, professional, fiduciary, or contractual relationship between you and Profound Marketing.

A client relationship is established only through a separate written agreement, proposal, statement of work, or other contract accepted by Profound Marketing and the client.

2. No Guarantee of Marketing or Business Results

Marketing performance depends on many factors outside Profound Marketing's control.

These may include:

• Geographic market
• Competition
• Advertising budget
• Industry conditions
• Website quality
• Offer quality
• Pricing
• Reputation
• Client responsiveness
• Lead follow-up
• Sales processes
• Scheduling availability
• Staff performance
• Consumer demand
• Search engine or advertising platform changes
• Economic conditions
• Regulatory changes
• Other factors

Accordingly, information on this Website should not be interpreted as a promise or guarantee of any particular result.

Profound Marketing does not guarantee:

• A particular number of leads
• A particular number of new patients or customers
• A particular cost per lead or acquisition
• Search engine rankings
• Advertising placement
• Revenue growth
• Return on investment
• Profitability
• Specific advertising results
• Specific business outcomes

Any performance targets, projections, examples, estimates, or discussions appearing on the Website are illustrative or informational unless expressly guaranteed in a separate written agreement signed by Profound Marketing.

3. Testimonials and Case Studies

The Website may contain testimonials, case studies, client experiences, photographs, videos, performance examples, advertising results, lead-generation results, or other examples of work performed by Profound Marketing.

These materials are provided to illustrate experiences and results achieved in particular circumstances.

Results experienced by one client should not be interpreted as a promise, representation, or guarantee that another client will achieve identical or similar results.

Individual results may vary significantly based on factors including market conditions, advertising investment, competition, service mix, client operations, follow-up processes, reputation, pricing, and other circumstances.

Where applicable, testimonials and case studies are used with permission or other appropriate authorization.

Profound Marketing intends for testimonials and endorsements appearing on the Website to reflect genuine experiences and opinions. We do not intend to publish fake or misleading testimonials or materially misrepresent client results.

Nothing in these Terms limits any disclosure that may be required directly alongside a testimonial, endorsement, case study, or advertising claim.

4. Informational Content Only

Information published on the Website is provided for general informational, educational, and marketing purposes.

Although we attempt to provide useful and accurate information, Website content should not be treated as individualized business, legal, tax, accounting, financial, medical, or other professional advice.

You are responsible for evaluating information presented on the Website and obtaining professional advice where appropriate.

5. Not a Healthcare or Patient Services Website

Profound Marketing provides marketing services to dental practices and other businesses. Profound Marketing is not a dental practice, healthcare provider, medical provider, or provider of clinical services.

Nothing on the Website constitutes:

• Dental advice
• Medical advice
• Diagnosis
• Treatment
• Clinical guidance
• A doctor-patient relationship
• A dentist-patient relationship

Visitors should not use Profound Marketing's Website to seek emergency care, medical care, dental treatment, diagnosis, or patient-specific healthcare advice.

Do not submit medical records, patient charts, treatment information, protected health information, or other sensitive patient information through our general Website contact or appointment forms unless we specifically instruct you to use an appropriate secure method.

If you are experiencing a medical or dental emergency, contact an appropriate healthcare provider or emergency service.

6. Contact Forms and Consultation Requests

The Website allows users to contact Profound Marketing and request or schedule consultations.

Our contact and appointment functionality may be provided using GoHighLevel / HighLevel and related CRM and communications technology.

Submitting a form or scheduling an appointment:

• Does not obligate Profound Marketing to accept you as a client
• Does not guarantee that an appointment will occur
• Does not create a client relationship
• Does not guarantee availability
• Does not constitute acceptance of any proposal or engagement

We reserve the right to decline inquiries, consultations, or engagements at our discretion, subject to applicable law.

Information submitted through the Website is handled in accordance with our Privacy Policy.

7. Accuracy of Information You Provide

When submitting information through the Website, you agree to provide information that is accurate to the best of your knowledge.

You represent that you have the legal authority to provide any information, materials, telephone numbers, email addresses, business information, images, documents, or other content that you submit to us.

You may not knowingly submit:

• False or misleading information
• Information belonging to another person without authorization
• Confidential information that you are not authorized to disclose
• Patient or medical information through an inappropriate channel
• Malicious files or code
• Content that infringes another person's rights
• Content that violates applicable law

8. Email, Telephone, and SMS Communications

When you provide your contact information and request communication from Profound Marketing, we may contact you concerning your inquiry, consultation, appointment, or business relationship.

Depending on the permissions you provide, communications may occur by:

• Email
• Telephone
• SMS or text message
• Automated communications
• Other communication methods you authorize

Where consent is legally required for particular communications, we will seek appropriate consent.

Consent to receive marketing communications is not a condition of purchasing services where prohibited by applicable law.

Specific terms governing SMS or automated telephone communications may be presented separately on the Website, during the consent process, or through additional terms.

If separate SMS Terms or communications terms apply, those terms are incorporated into these Terms by reference to the extent applicable.

9. Telephone Call Monitoring and Recording

Telephone calls with Profound Marketing may be monitored, tracked, or recorded for legitimate business purposes including:

• Quality assurance
• Training
• Documentation
• Lead management
• Customer service
• Security
• Performance improvement
• Dispute resolution

Where required by applicable law, notice will be provided or appropriate consent obtained before a call is recorded.

By continuing a call after receiving a legally sufficient recording notice, you acknowledge the recording as permitted under applicable law.

Further information regarding call recordings is available in our Privacy Policy.

10. Privacy

Your use of the Website is also subject to our Privacy Policy.

Our Privacy Policy explains how we collect, use, store, disclose, and otherwise process personal information, including information collected through:

• Contact forms
• Appointment scheduling
• CRM systems
• Website analytics
• Advertising technologies
• Cookies and pixels
• Session-replay technologies
• Telephone calls
• Call recordings
• SMS communications

The Privacy Policy is incorporated into these Terms by reference.

11. Cookies, Analytics, Advertising, and Session Technologies

The Website may use technologies including:

• Google Analytics
• Google Tag Manager
• Google Ads technologies
• Conversion tracking
• Remarketing technologies
• Meta advertising technologies
• Smartlook
• Hotjar
• Cookies
• Tracking pixels
• Session-replay technology
• Heatmapping
• Similar analytics and advertising technologies

Use of these technologies is described more fully in our Privacy Policy.

Where required by applicable law, Website visitors may be provided with privacy or cookie preference controls.

12. Third-Party Platforms and Services

Our Website may contain, embed, link to, or interact with services operated by third parties.

These may include:

• YouTube
• Google
• Meta
• GoHighLevel / HighLevel
• Scheduling platforms
• Analytics providers
• Advertising platforms
• Social media services
• Website hosting providers
• Other technology providers

We do not control all third-party services and are not responsible for their availability, content, security, accuracy, terms, or privacy practices.

Your use of a third-party service may be governed by that provider's own terms and privacy policies.

A link to or integration with a third-party service does not necessarily constitute an endorsement of that third party.

13. YouTube and Embedded Videos

The Website may contain videos hosted by YouTube or other third-party video providers.

When you view or interact with embedded third-party video content, the third-party provider may collect information about your activity in accordance with its own privacy policy and terms.

Some videos may also be hosted directly on Profound Marketing's Website or infrastructure.

14. Intellectual Property

Unless otherwise indicated, the Website and its contents are owned by, licensed to, or used with permission by Profound Online Marketing LLC.

Protected materials may include:

• Text
• Copy
• Website designs
• Layouts
• Graphics
• Logos
• Branding
• Photographs
• Videos
• Case studies
• Illustrations
• Marketing materials
• Reports
• Articles
• Concepts
• Downloads
• Software
• Code
• Other Website content

These materials may be protected by copyright, trademark, trade dress, and other intellectual property laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for lawful personal or business informational purposes.

Except where permitted by law or expressly authorized in writing by Profound Marketing, you may not:

• Copy substantial portions of the Website
• Reproduce Website content
• Republish our materials
• Sell or commercially exploit our content
• Modify our content and represent it as your own
• Remove copyright, trademark, or ownership notices
• Use our branding in a misleading manner
• Create unauthorized derivative works
• Misrepresent an affiliation with Profound Marketing

Nothing in these Terms transfers ownership of Profound Marketing intellectual property to you.

15. Client and Third-Party Intellectual Property

The Website may display client names, trademarks, photographs, logos, testimonial materials, screenshots, or other third-party content with permission or under another lawful basis.

Ownership of third-party intellectual property remains with the applicable owner.

You may not assume that content displayed on the Website is available for independent reuse simply because it appears on our Website.

16. Permitted Use

You agree to use the Website only for lawful purposes.

You may not use the Website to:

• Violate applicable law
• Attempt unauthorized access to systems or accounts
• Circumvent Website security
• Introduce viruses, malware, or malicious code
• Interfere with Website operation
• Collect personal information unlawfully
• Impersonate another person or business
• Submit fraudulent inquiries
• Harass Profound Marketing personnel
• Infringe intellectual property rights
• Use automated systems in a manner that imposes an unreasonable burden on the Website
• Scrape or extract Website content for unauthorized commercial exploitation
• Attempt to reverse engineer protected Website technology
• Use Website materials to falsely suggest an affiliation, sponsorship, or endorsement

We may restrict or terminate access to the Website if we reasonably believe these Terms have been violated.

17. Availability and Changes to the Website

We may modify, suspend, discontinue, remove, or update any portion of the Website at any time.

We do not guarantee that:

• The Website will always be available
• The Website will operate without interruption
• Every feature will remain available
• Website content will always be current
• Errors will always be corrected immediately
• The Website will be free from technical problems

We may perform maintenance or make changes without prior notice.

18. Website Content and Accuracy

We make reasonable efforts to maintain accurate Website information, but information may occasionally be incomplete, outdated, inaccurate, or subject to change.

This is particularly true for information concerning:

• Marketing platforms
• Search engines
• Advertising systems
• Technology
• Industry practices
• Pricing
• Services
• Availability
• Performance data
• Case-study information

We reserve the right to correct errors and update information without prior notice.

19. Separate Client Agreements

If you become a client of Profound Marketing, your services will be governed by a separate client agreement, proposal, statement of work, service agreement, or other written contract.

That agreement may address matters including:

• Scope of work
• Pricing
• Payment obligations
• Advertising budgets
• Client responsibilities
• Intellectual property
• Confidentiality
• Term and cancellation
• Performance expectations
• Service limitations
• Dispute procedures
• Other engagement-specific terms

If these Website Terms conflict with an executed client agreement regarding services provided to a client, the executed client agreement will control with respect to that conflict.

20. No Reliance on Website Statements as Contractual Commitments

Unless expressly incorporated into a written agreement signed or otherwise accepted by Profound Marketing, statements appearing on the Website do not constitute contractual guarantees.

Website descriptions of services, timelines, processes, expected outcomes, pricing, or capabilities may change and may not apply identically to every engagement.

Specific commitments to a client are governed by that client's applicable agreement with Profound Marketing.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

PROFOUND MARKETING DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE WEBSITE WILL ALWAYS BE AVAILABLE
• THE WEBSITE WILL BE ERROR-FREE
• INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT
• THE WEBSITE WILL BE FREE FROM HARMFUL COMPONENTS
• USE OF THE WEBSITE WILL PRODUCE ANY PARTICULAR BUSINESS OR MARKETING RESULT

NOTHING IN THIS SECTION EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFOUND ONLINE MARKETING LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

THIS MAY INCLUDE LOSS OF:

• PROFITS
• REVENUE
• BUSINESS OPPORTUNITIES
• DATA
• GOODWILL
• EXPECTED SAVINGS
• OTHER INTANGIBLE LOSSES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFOUND MARKETING'S AGGREGATE LIABILITY ARISING SOLELY FROM YOUR USE OF THE PUBLIC WEBSITE, EXCLUDING LIABILITY ARISING UNDER A SEPARATE PAID CLIENT AGREEMENT, WILL NOT EXCEED US $100.

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN THOSE JURISDICTIONS, THESE LIMITATIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT LEGALLY PERMITTED.

23. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Profound Online Marketing LLC and its owners, officers, employees, contractors, agents, and affiliates from claims, liabilities, damages, losses, and reasonable costs arising from:

• Your unlawful use of the Website
• Your material violation of these Terms
• Information or content you submit without authorization
• Your infringement of another person's rights
• Your fraudulent or malicious conduct involving the Website

This provision does not require you to indemnify Profound Marketing for conduct for which indemnification cannot lawfully be required.

24. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to principles concerning conflicts of laws, except to the extent that applicable law requires otherwise.

Any rights or protections that cannot legally be waived under the laws applicable to a particular user remain unaffected.

25. Disputes and Jurisdiction

Unless a separate written agreement between you and Profound Marketing provides otherwise, disputes relating to these Terms or use of the Website will be resolved in a court of competent jurisdiction in the State of Texas, subject to any mandatory jurisdictional rights provided by applicable law.

Nothing in these Terms prevents either party from seeking emergency or injunctive relief from a court with appropriate jurisdiction where legally available.

26. International and Canadian Visitors

Profound Marketing serves and communicates with businesses in both the United States and Canada.

If you access the Website from another jurisdiction, you are responsible for complying with applicable local laws.

Nothing in these Terms is intended to waive consumer or privacy protections that applicable law prohibits parties from waiving.

27. Changes to These Terms

We may update these Terms periodically to reflect changes to:

• Our Website
• Our services
• Our technologies
• Our business practices
• Applicable legal requirements

When we make changes, we will update the “Last Updated” date at the beginning of these Terms.

Your continued use of the Website after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

28. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed as necessary.

The remaining provisions will continue in effect.

29. No Waiver

Failure by Profound Marketing to enforce a provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

30. Entire Agreement Regarding Website Use

These Terms, together with our Privacy Policy and any additional Website-specific terms expressly incorporated by reference, constitute the agreement between you and Profound Marketing concerning use of the public Website.

These Terms do not replace any separate contract governing paid services provided by Profound Marketing.

31. Contact Information

Questions regarding these Terms may be directed to:

For privacy-related questions or requests, please refer to our Privacy Policy or contact us at the same email address.