Last Updated: May 2026

Welcome to The Media Stem (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of www.themediastem.com and all related services, software, websites, communications, advertising services, lead generation systems, CRM systems, consulting, digital assets, and marketing solutions provided by The Media Stem (collectively, the “Services”).

By accessing, purchasing, or using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.

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1. ELIGIBILITY

You must be at least eighteen (18) years old and legally capable of entering into binding contracts to use our Services.

If you are using the Services on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to these Terms.

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2. SERVICES PROVIDED

The Media Stem provides digital marketing and business growth services including but not limited to:

• Search Engine Optimization (SEO)

• Google Ads Management

• Meta Ads Management

• Website Design & Development

• Google Business Profile Optimization

• Social Media Marketing

• CRM & Automation Systems

• Lead Generation Services

• Consulting & Strategy Services

Service details, deliverables, timelines, pricing, and billing terms may be outlined separately in proposals, invoices, agreements, subscriptions, or order forms.

We reserve the right to modify, update, suspend, or discontinue any Service at any time without liability.

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3. NO GUARANTEE OF RESULTS

Client acknowledges and agrees that:

Marketing performance depends on numerous factors outside the Company’s control, including but not limited to:

• competition

• budgets

• market conditions

• customer behavior

• platform algorithms

• economic conditions

• business operations

• sales processes

The Media Stem does NOT guarantee:

• specific rankings

• revenue increases

• lead volume

• conversion rates

• return on investment (ROI)

• sales performance

• business growth

• Google Maps placement

• social media growth

• ad approvals

• account reinstatements

Any examples, projections, estimates, testimonials, or prior results are illustrative only and do not guarantee future performance.

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4. CLIENT RESPONSIBILITIES

Client agrees to:

• provide accurate information

• respond promptly to requests

• maintain lawful business practices

• maintain valid payment methods

• comply with platform policies

• obtain proper licenses and permissions for content

Client is solely responsible for:

• business operations

• sales fulfillment

• customer service

• licensing compliance

• taxes

• legal compliance

• claims made in advertisements

• products and services sold

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5. PAYMENTS & BILLING

All invoices, retainers, subscriptions, setup fees, ad spend, and service fees are due according to the agreed billing schedule.

Unless otherwise stated in writing:

• all payments are non-refundable

• deposits are non-refundable

• setup fees are non-refundable

• monthly retainers are non-refundable

Failure to make timely payment may result in:

• suspension of services

• removal of campaigns

• website deactivation

• account access restrictions

• collections activity

Client agrees to pay all collection costs, attorney fees, chargeback fees, and recovery expenses incurred by The Media Stem.

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6. ADVERTISING SPEND

Advertising budgets paid to third-party platforms including Google, Meta, Yelp, TikTok, LinkedIn, or others are separate from management fees and are non-refundable.

The Media Stem is not responsible for:

• ad account suspensions

• rejected ads

• platform policy violations

• rising ad costs

• click fraud

• competitor activity

• platform outages

• algorithm changes

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7. INTELLECTUAL PROPERTY

All proprietary systems, strategies, campaigns, frameworks, automations, graphics, copywriting, processes, templates, training materials, and marketing methodologies remain the exclusive property of The Media Stem unless otherwise agreed in writing.

Client may not:

• copy or reproduce materials

• resell systems

• reverse engineer workflows

• use proprietary assets for competing businesses

• transfer campaigns without written authorization

The Media Stem retains ownership of all pre-existing intellectual property.

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8. WEBSITE & SEO DISCLAIMER

Client understands:

• search engine rankings fluctuate

• SEO results are not guaranteed

• indexing timelines vary

• Google algorithms frequently change

The Media Stem shall not be liable for:

• ranking decreases

• de-indexing

• manual penalties

• traffic loss

• changes made by third parties

• website downtime caused by hosting providers or integrations

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9. THIRD-PARTY SERVICES

Services may integrate with third-party providers including but not limited to:

• Google

• Meta

• Wix

• WordPress

• GoHighLevel

• Stripe

• Zapier

• YouTube

• Yelp

• Mailchimp

The Media Stem is not responsible for:

• outages

• software bugs

• account bans

• data loss

• API failures

• third-party policy changes

Client’s use of third-party services is governed by those providers’ terms.

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10. DISCLAIMER OF WARRANTIES

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

THE MEDIA STEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• PERFORMANCE EXPECTATIONS

We do not warrant uninterrupted or error-free operation.

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11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE MEDIA STEM SHALL NOT BE LIABLE FOR:

• indirect damages

• consequential damages

• lost profits

• lost revenue

• business interruption

• reputation damage

• advertising losses

• loss of data

• missed opportunities

Total liability for any claim shall not exceed the total amount paid by Client to The Media Stem during the thirty (30) days preceding the claim.

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12. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless The Media Stem, its owners, employees, contractors, affiliates, and agents from any claims, liabilities, damages, losses, lawsuits, penalties, or expenses arising from:

• Client’s business operations

• advertisements

• products or services sold

• legal violations

• platform violations

• misleading claims

• website content

• intellectual property violations

• customer disputes

This indemnification obligation survives termination.

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13. TERMINATION

Either party may terminate Services according to the applicable written agreement.

The Media Stem may immediately suspend or terminate Services for:

• nonpayment

• abusive conduct

• illegal activity

• policy violations

• reputational risk

Upon termination:

• all unpaid balances become immediately due

• access to systems may be revoked

• campaigns may be paused or removed

• retained ownership rights remain enforceable

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14. ARBITRATION & DISPUTE RESOLUTION

Any dispute arising under these Terms shall first be attempted to be resolved through good-faith negotiation.

If unresolved, disputes shall be resolved exclusively through binding arbitration in San Bernardino County, California.

Client waives:

• jury trial rights

• class action participation

• collective legal actions

Each party shall bear its own legal fees unless otherwise awarded by the arbitrator.

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15. GOVERNING LAW

These Terms shall be governed by the laws of the State of California without regard to conflict-of-law principles.

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16. FORCE MAJEURE

The Media Stem shall not be liable for delays or failures caused by events beyond reasonable control including:

• natural disasters

• internet outages

• cyberattacks

• labor disputes

• government actions

• platform outages

• power failures

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17. CHARGEBACKS

Client agrees not to initiate chargebacks for legitimate services rendered.

Chargebacks made in bad faith may result in:

• collections activity

• legal action

• account termination

• recovery of attorney fees and damages

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18. CONTACT INFORMATION

The Media Stem
Rancho Cucamonga, California
909-321-2006
info@themediastem.com