TERMS AND CONDITIONS

These terms and conditions outline the rules and regulations for the use of E. McHale Digital Marketing’s website. E. McHale Digital Marketing is located at: 145 Pine Haven Shores Rd., Unit A5044, Shelburne, VT 05482

By accessing or using www.emchaledigital.com (the "Website") or purchasing services with E. McHale Digital Marketing, you agree to these Terms & Conditions. If you do not agree, please do not use our services.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person or business coming on board with E. McHale Digital Marketing, and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, E. McHale Digital Marketing. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.“Intellectual Property” means all intellectual property rights of whatever in nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for the registration thereof.

“Product” of “Service” means any deliverables by E. McHale Digital Marketing.All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law. E. McHale Digital Marketing maintains its website as a service to the internet community. Access to and use of www.emchaledigital.com is subject to the terms and conditions set forth herein and all applicable laws. E. McHale Digital Marketing may revise these terms and conditions from time to time by updating this posting.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

SERVICES AND PAYMENTS:

Payment for services is due in full at the time of purchase unless otherwise agreed. All sales are final. We do not offer refunds. If you have concerns about your purchase, please contact us before completing your transaction. Recurring services are billed automatically, and users may cancel with a written 30-day notice.

Performance-Based Disclaimer: Our "performance-based" ad management offer is only available to a select number of qualified clients. To qualify, you must have a fully optimized funnel, have previously run Meta^TM ads with a minimum of 50 conversions, and show consistent proof of offer performance. E. McHale Digital Marketing reserves the right to determine eligibility. Most clients will start on a standard retainer-based model, with the possibility of transitioning into performance-based pricing once metrics support it. In the performance model, our fee is 15% of verified sales attributed directly to Meta™ ads or a minimum of $3,000 per month, whichever is greater. Clients who do not meet the criteria will be offered our standard paid ad management services at a flat or retainer rate.

“Product” of “Service” means any deliverables by E. McHale Digital Marketing.All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law. E. McHale Digital Marketing maintains its website as a service to the internet community. Access to and use of www.emchaledigital.com is subject to the terms and conditions set forth herein and all applicable laws. E. McHale Digital Marketing may revise these terms and conditions from time to time by updating this posting.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

LICENSE

Unless otherwise stated, E. McHale Digital Marketing and/or its licensors own the intellectual property rights for all material owned by E. McHale Digital Marketing. All intellectual property rights are reserved. You may view and/or print pages from http://www.emchaledigital.com for your own personal use subject to restrictions set in these terms and conditions. You must not: (1) Republish material from E. McHale Digital Marketing; (2) Sell, rent, or sub-license material from E. McHale Digital Marketing; (3) Reproduce, duplicate, or copy material from E. McHale Digital Marketing; (4) Redistribute content from E. McHale Digital Marketing (unless content is specifically made for redistribution).

INTELLECTUAL PROPERTY:

Unless otherwise stated, E. McHale Digital Marketing and/or its licensors own the intellectual property rights for all material owned by E. McHale Digital Marketing . All intellectual property rights are reserved. You may view and/or print pages from www.emchaledigital.com for your own personal use, subject to restrictions set in these Terms & Conditions. You must not:

- Republish material from E. McHale Digital Marketing.

- Sell, rent, or sub-license material from E. McHale Digital Marketing.

- Reproduce, duplicate, or copy material from E. McHale Digital Marketing.

- Redistribute content from E. McHale Digital Marketing (unless content is specifically made for redistribution).

- Create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

MOBILE

E. McHale Digital Marketing SMS Program:

Program Description: Users who opt into our SMS program will receive marketing messages, promotions, and service-related reminders/notifications.

Opt-Out Instructions:: You cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.

Rejoining Instructions: To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

Help Instructions: If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {support email address or toll-free number}.

Carrier Liability Disclaimer: Carriers are not liable for delayed or undelivered messages.

Message and Data Rates Disclaimer: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

Privacy Policy: privacy-related inquiries, please refer to our privacy policy: Privacy Policy.

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DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to E. McHale Digital Marketing and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: (1) limit or exclude our or your liability for death or personal injury resulting from negligence; (2) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (3) limit any of our or your liabilities in any way that is not permitted under applicable law; or (4) exclude any of our or your liabilities that may not be excluded under applicable law.The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We provide services “as is” and disclaim warranties of merchantability or fitness for a particular purpose. the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under any contract with you that is caused by events outside of our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or subcontractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Events to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.

INDEMNIFICATION:

You agree to indemnify and hold E. McHale Digital Marketing harmless from claims, damages, and legal fees arising from your use of our services.

TERMINATION:

We reserve the

right to terminate your access to our services for violations of these Terms.

DISPUTE RESOLUTION :

By using this Website and our services, you agree to resolve any disputes directly with us. If you have concerns, please contact beth@emchaledigital.com to seek a resolution.

CHANGES TO TERMS:

We may update these Terms periodically. Continued use of our services constitutes acceptance of changes.

Last Updated: June 2025