Last Updated: January 1, 2025
These Terms of Service (“Terms”) govern your access to and use of the Prometrix website at prometrix.us and any related digital properties operated by Prometrix (“Prometrix,” “we,” “us,” or “our”). Separate written agreements, statements of work, or proposals govern paid marketing services and supersede these Terms where they conflict.
By accessing or using our website, you agree to these Terms. If you do not agree, do not use our website.
1. Company Information
Prometrix
1103 S Central Ave
Glendale, CA 91204
Email: team@prometrix.us
2. Scope of Services
Prometrix provides digital marketing services that may include search engine optimization (SEO), generative engine optimization (GEO), paid media management, content marketing, web design and development, creative services, analytics, and related consulting. Service descriptions on this website are for general information only and do not constitute a binding offer.
Specific deliverables, timelines, fees, and performance expectations are defined only in a signed agreement, proposal, or statement of work between Prometrix and the client.
3. Website Use
You agree to use our website only for lawful purposes. You may not:
- Attempt to gain unauthorized access to our systems or data
- Interfere with the proper functioning or security of the website
- Use automated tools to scrape, crawl, or harvest content without permission
- Transmit malware, spam, or harmful code
- Misrepresent your identity or affiliation
- Use website content in violation of intellectual property rights
4. Client Engagements and Payment Terms
When you engage Prometrix for services:
- Fees, billing frequency, and payment methods are specified in your service agreement
- Unless otherwise stated, invoices are due upon receipt or as specified in writing
- Late payments may incur interest or suspension of services as permitted by agreement and law
- Ad spend, media buys, software subscriptions, and third-party pass-through costs are typically billed separately unless included in writing
- You are responsible for providing timely access, approvals, assets, and information needed to perform services
Prometrix does not guarantee specific rankings, traffic levels, lead volume, revenue outcomes, or return on ad spend unless expressly guaranteed in a signed written agreement.
5. Intellectual Property
5.1 Prometrix Property
All website content, branding, designs, methodologies, templates, software tools, and proprietary frameworks (including internal processes and technology names) are owned by Prometrix or its licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.
5.2 Client Materials
You retain ownership of materials you provide to Prometrix, including logos, product information, and brand assets. You grant Prometrix a non-exclusive license to use client materials solely to perform agreed services.
5.3 Deliverables
Upon full payment, ownership of final client-specific deliverables created for you (such as custom copy, designs, or landing pages) will be assigned as stated in your service agreement. Prometrix retains rights to pre-existing tools, know-how, templates, and general methodologies used in creating deliverables.
6. Confidentiality
Each party may receive confidential information from the other. Both parties agree to use confidential information only for the purpose of the engagement and to protect it with reasonable care. Confidentiality obligations do not apply to information that is publicly available, independently developed, or lawfully obtained from a third party without restriction.
7. Third-Party Platforms
Our services may involve third-party platforms such as Google, Meta, Microsoft, Amazon, analytics providers, and CMS/hosting services. Your use of those platforms is subject to their terms and policies. Prometrix is not responsible for changes, outages, account suspensions, or policy enforcement actions taken by third-party platforms.
8. Disclaimers
THE WEBSITE AND ANY INFORMATION PROVIDED THROUGH IT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMETRIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Digital marketing results depend on many factors outside our control, including market conditions, competition, platform algorithms, website quality, and client participation. Past performance does not guarantee future results.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMETRIX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMETRIX’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO PROMETRIX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Prometrix from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the website, violation of these Terms, infringement of third-party rights, or content or materials you provide to us.
11. Termination
We may suspend or terminate access to the website at any time for any reason, including suspected violations of these Terms. Service engagements may be terminated according to the applicable client agreement. Upon termination, provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and governing law) will remain in effect.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the website will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
Before filing a claim, you agree to contact us at team@prometrix.us and attempt to resolve the dispute informally within thirty (30) days.
13. Changes to These Terms
We may revise these Terms at any time by posting an updated version on this page. The “Last Updated” date reflects the latest revision. Continued use of the website after changes become effective constitutes acceptance of the revised Terms.
14. Contact
Questions about these Terms may be directed to:
Prometrix
1103 S Central Ave
Glendale, CA 91204
Email: team@prometrix.us