Terms of Service

Last Updated: March 7, 2026

Please read these Terms of Service ("Terms," "Terms of Service," or "Agreement") carefully before using the website Arcgarde.com (the "Site") operated by Arc Garde LLC and its affiliates ("Arc Garde," "AG," "we," "us," or "our").

By accessing or using the Site, you ("you," "your," "User," or "Client") agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Site.

1. Acceptance of Terms

By accessing the Site, engaging our services, submitting a form, or otherwise interacting with Arc Garde, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, Cookie Policy, Disclaimer, and Acceptable Use Policy, all of which are incorporated herein by reference.

We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.

2. Description of Services

Arc Garde provides strategic growth consulting services, including but not limited to:

• Strategic consulting, architecture, and pipeline design
• Website design and development
• Traffic generation (organic content and paid advertising)
• Conversion optimization and testing
• Systems and AI automation (SMS nurture, content management)
• A la carte services (copywriting, content, e-commerce, and other modular services)
• Brand identity and creative development

All services are provided on a consulting basis. AG provides information and deliverables to assist you in your decision-making process. AG does not provide legal, financial, tax, or professional advice of any kind. See our Disclaimer for more details.

3. Eligibility

You must be at least 18 years of age to use the Site or engage our services. By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, materials, designs, graphics, text, images, videos, software, code, methodologies, systems, workflows, and other intellectual property on the Site and used in the delivery of our services (collectively, "AG Materials") are the exclusive property of Arc Garde LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any AG Materials
• Use any data mining, robots, scraping, or similar data gathering or extraction methods on the Site
• Reverse engineer, decompile, or disassemble any software or technology used on the Site
• Use the Site or AG Materials for any commercial purpose without our prior written consent

4.2 Client Deliverables

Upon full payment of all fees owed under an applicable service agreement, AG grants you a non-exclusive, perpetual license to use the deliverables (website code, designs, graphics, and content) created specifically for your project as described in your engagement letter or service agreement. AG retains the right to use deliverables in its portfolio, case studies, and promotional materials unless otherwise agreed in writing.

4.3 Trademarks

Arc Garde, the Arc Garde logo, AG, and all related names, logos, product and service names, designs, and slogans are trademarks of Arc Garde LLC. You may not use such marks without the prior written permission of Arc Garde.

5. Confidentiality

5.1 Our Confidential Information

All materials, methodologies, systems, workflows, strategies, proprietary processes, and information provided to you in connection with our services are provided on a confidential basis by AG and shall not be disclosed to or relied upon by any third party without our prior written consent.

5.2 Your Confidential Information

We will treat all materials, login credentials, business information, and other confidential information you provide to us in connection with our services with commercially reasonable care and will not disclose such information to third parties except as necessary to perform our services or as required by law.

5.3 Injunctive Relief

You acknowledge that any unauthorized disclosure or use of AG's confidential information, proprietary methodologies, or intellectual property would cause irreparable harm to Arc Garde. In the event of a breach or threatened breach, Arc Garde shall be entitled to seek injunctive relief without the necessity of proving actual damages, in addition to any other rights and remedies available at law or in equity.

6. Client-Provided Materials

You acknowledge and agree that:

• All materials and information you provide to AG are accurate, complete, and current
• AG will rely on your materials without independent verification for the purpose of delivering services
• AG assumes no responsibility or liability for the accuracy, completeness, or legality of materials you provide
• You have the right to provide such materials to AG and that their use by AG will not infringe any third-party rights, involve unauthorized use of confidential information, or result in the breach of any law, regulation, or agreement
• You are solely responsible for obtaining all necessary rights, licenses, and permissions for any content, images, trademarks, or other materials you provide to us for use in your project

7. Third-Party Tools and Platforms

You acknowledge and agree that:

• All third-party software, platforms, hosting services, domain registrations, and digital resources used in connection with your project will be paid for directly by you to the respective providers
• Payment terms follow each provider's pricing plan as specified by the provider
• These third-party tools and services are not included in AG's deliverables, intellectual property, or scope of services
• AG is not responsible for changes, outages, pricing modifications, or policy changes by any third-party provider
• AG is not responsible for any data loss, service interruption, or damage caused by third-party tools or platforms

8. Server Downtime and Technical Issues

You acknowledge and agree that it is not AG's responsibility if any cloud servers, hosting providers, third-party platforms, or technical infrastructure experience downtime, outages, or disruptions that impede the production, delivery, or availability of AG's deliverables. AG shall not be liable for any damages, losses, or costs arising from such events.

9. Payment Terms

• All fees for services are as set forth in your engagement letter, service agreement, or proposal
• Payment is due as specified in your service agreement
• Late payments may result in suspension of services and may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less)
• You are responsible for all taxes applicable to the services (excluding taxes based on AG's income)
• AG reserves the right to suspend or terminate services for non-payment

10. Refund and Cancellation Policy

For our complete refund and cancellation terms, please see our Refund and Cancellation Policy. In summary:

• All service fees paid are generally non-refundable once work has commenced
• Specific refund terms, if any, are governed by your individual engagement letter or service agreement
• Cancellation procedures and any applicable fees are set forth in your engagement letter

11. Results Disclaimer and Earnings Disclaimer

11.1 No Guaranteed Results

AG does not guarantee any specific results, outcomes, leads, conversions, revenue, traffic, rankings, or performance metrics from our services. Results vary based on numerous factors including but not limited to market conditions, industry, competition, your existing brand equity, budget, content quality, and your own actions and decisions.

11.2 Testimonials and Case Studies

Any testimonials, case studies, or client results shared on the Site or in our marketing materials represent the individual experiences of those clients. They are genuine but showcase our best-performing engagements. They do not represent typical results. Your results may vary and may be lower, higher, or different from those described.

11.3 No Professional Advice

Our services are consulting services in the area of web design, development, and digital marketing. We do not provide legal, financial, tax, accounting, medical, or other professional advice. You should consult with appropriate licensed professionals regarding any legal, financial, or other professional matters.

12. Limitation of Liability

12.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARC GARDE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ARC GARDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ARC GARDE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO ARC GARDE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.2 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT ARC GARDE HAS OFFERED ITS SERVICES AND THE SITE, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ARC GARDE.

13. Disclaimer of Warranties

THE SITE AND ALL 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, ARC GARDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ARC GARDE DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

14. Indemnification

You agree to indemnify, defend, and hold harmless Arc Garde LLC, its officers, directors, employees, agents, affiliates, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Site or our services
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any content or materials you provide to us
• Any claim that your materials caused damage to a third party
• Your negligent or wrongful conduct

This indemnification obligation shall survive the termination of these Terms and your use of the Site.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California.

15.2 Mandatory Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES.

The arbitration shall be conducted by a single arbitrator in Los Angeles County, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and attorneys' fees in the arbitration, except that the arbitrator may award costs and fees to the prevailing party in accordance with applicable law.

15.3 Class Action Waiver

YOU AND ARC GARDE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ARC GARDE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

15.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ARC GARDE EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

15.5 Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

15.6 Pre-Arbitration Dispute Resolution

Before initiating arbitration, you must first contact Arc Garde at contact@arcgarde.com and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved within thirty (30) days, either party may initiate arbitration.

16. Waiver of California Civil Code Section 1542

If you are a California resident, you waive California Civil Code Section 1542, which provides:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You understand that this waiver means you are giving up the right to claims you may not currently know about or suspect to exist.

17. Force Majeure

Arc Garde shall not be liable for any failure or delay in performing its obligations under these Terms or any service agreement where such failure or delay results from circumstances beyond Arc Garde's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, cyberattacks, power outages, or any other event beyond our reasonable control.

18. Termination

18.1 Termination by AG

We may suspend or terminate your access to the Site or our services at any time, with or without cause, and with or without notice.

18.2 Termination by You

You may terminate your engagement with AG at any time by providing written notice as specified in your engagement letter or service agreement.

18.3 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will immediately cease; (b) you must immediately cease all use of AG Materials and confidential information; (c) all fees owed through the date of termination remain due and payable; (d) Sections 4, 5, 6, 12, 13, 14, 15, 16, and 17 shall survive termination.

19. User Conduct

By using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Site, other users' accounts, or any systems or networks connected to the Site
• Interfere with or disrupt the Site or the servers or networks connected to the Site
• Use any robot, spider, scraper, or other automated means to access the Site
• Introduce any viruses, malware, or other harmful code to the Site
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest any personal information from the Site
• Use the Site to send unsolicited communications

For our complete rules regarding acceptable use, please see our Acceptable Use Policy.

20. Electronic Communications

By using the Site or providing your email address, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Disclaimer, Acceptable Use Policy, Refund and Cancellation Policy, and any applicable engagement letter or service agreement, constitute the entire agreement between you and Arc Garde regarding the use of the Site. In the event of any conflict between these Terms and a signed engagement letter or service agreement, the engagement letter or service agreement shall control.

23. Assignment

Arc Garde may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

24. No Waiver

The failure of Arc Garde to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Arc Garde.

25. Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

26. Non-Affiliation Statement

This Site is not a part of the Facebook/Meta website or Meta Platforms, Inc. This Site is not endorsed by Facebook or Meta in any way. Facebook and Instagram are trademarks of Meta Platforms, Inc. Google is a trademark of Alphabet Inc. Any references to third-party platforms are for informational purposes only.

27. Contact Us

If you have questions about these Terms, please contact us at:

Arc Garde LLC
3515 Atlantic Ave. #1021, Long Beach, CA 90807, United States
Email: contact@arcgarde.com

These Terms of Service are effective as of March 7, 2026.