LOBELLO MARKETING

TERMS OF SERVICE

Terms of Service

Effective Date: 01/01/2026

Last Updated: 04/19/2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at https://lobellomarketing.com (the "Site"), our booking pages, and all services, communications, and digital products offered by LoBello Marketing ("LoBello Marketing," "we," "us," or "our"), including our SMS (text message) program (collectively, the "Services").

By accessing the Site, submitting a form, opting in to receive SMS messages, booking a call, purchasing a product or service, or otherwise engaging with LoBello Marketing, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not use the Services.

2. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement.

3. About Our Services

LoBello Marketing is a full-service marketing agency headquartered in the Dallas–Fort Worth, Texas area. We provide digital marketing, social media management, branding and design, video production, SEO, paid advertising, consulting, and related marketing services, along with digital products such as guides and custom maps. Specific deliverables, timelines, fees, and ownership terms for agency engagements are governed by a separate written agreement, proposal, scope of work, or statement of work signed between LoBello Marketing and the client; these Terms do not replace any such agreement.

4. SMS (Text Message) Program Terms

These SMS-specific terms apply to everyone who opts in to receive text messages from LoBello Marketing. By opting in, you agree to these terms in addition to the rest of this document.

4.1 Program Name and Description

Program Name: LoBello Marketing.

Program Description: LoBello Marketing operates a customer-care and conversational SMS program. Once you opt in, you may receive text messages related to your inquiry or engagement with us, including replies to your questions, appointment and booking confirmations and reminders, client onboarding and project updates, account notices, and — where you have expressly consented — occasional informational or promotional messages about our Services.

4.2 Consent (Opt-in)

You may opt in to receive SMS messages from LoBello Marketing by:

  • Submitting your mobile phone number through a LoBello Marketing form or booking page that includes clear opt-in language and, where required, a non-pre-checked consent checkbox;

  • Replying to a LoBello Marketing message to continue a conversation;

  • Texting a keyword we have advertised to a LoBello Marketing phone number; or

  • Otherwise providing express written, electronic, or verbal consent to receive texts from us.

Providing a mobile number is always optional. Opting in to SMS is never a condition of purchasing any product or service. You represent that you are the subscriber of the phone number you provide or that you have authority to opt that number in.

4.3 Message Frequency

Message frequency varies based on your interaction with LoBello Marketing. You will generally receive messages only when you request information, schedule or reschedule an appointment, are in an active engagement with us, or have expressly opted in to promotional communications.

4.4 Message and Data Rates

Message and data rates may apply to each message sent or received in connection with our SMS program, depending on your wireless plan. LoBello Marketing is not responsible for any charges imposed by your mobile carrier. For questions about your text or data plan, contact your wireless provider.

4.5 Opt-Out Instructions

You can cancel the SMS service at any time. Simply text STOP to any message you receive from LoBello Marketing.

After you send "STOP" to us, we will send you an SMS reply to confirm that you have been unsubscribed. Following this confirmation, you will no longer receive SMS messages from the program. If you want to rejoin at any time, sign up again using the same method you used originally and we will resume sending SMS messages to you.

4.6 Help Instructions

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for assistance, or reach out directly to LoBello Marketing at (972) 971-5988 or [email protected].

4.7 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed by LoBello Marketing. Supported carriers include, but are not limited to, T-Mobile, AT&T, Verizon, Sprint, U.S. Cellular, Boost, and MetroPCS.

4.8 Privacy and SMS Data

For information about how we collect, use, and protect your personal information — including your mobile phone number and SMS opt-in data — please review our Privacy Policy at https://lobellomarketing.com/privacy. Your mobile phone number and SMS opt-in consent will never be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes.

4.9 Compliance with Industry Standards and Applicable Law

Our SMS program is operated in accordance with applicable U.S. federal and state laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and the CTIA Messaging Principles and Best Practices. We also adhere to the requirements of our messaging platform provider and the carrier requirements for A2P 10DLC messaging administered by The Campaign Registry.

5. Email Communications

When you provide your email address through the Site or during an engagement, you may receive transactional messages (such as responses to inquiries, proposals, invoices, and account notices) and, if you have consented, occasional marketing communications. You can unsubscribe from marketing emails at any time by clicking the unsubscribe link included in each message or by contacting us. Transactional emails relating to active work or account matters may continue even after marketing opt-out.

6. Acceptable Use

You agree not to use the Site or Services to:

  • Violate any applicable law, regulation, or third-party right;

  • Submit false, misleading, or fraudulent information, or opt in phone numbers you are not authorized to submit;

  • Upload or transmit viruses, malware, or other harmful code;

  • Attempt to gain unauthorized access to the Site, our systems, or other users’ information;

  • Use the Services to send spam, harassment, or unlawful communications;

  • Scrape, crawl, or otherwise automatically extract content from the Site without our written permission;

  • Interfere with or disrupt the integrity or performance of the Site or Services.

7. Intellectual Property

All content on the Site — including text, graphics, logos, images, photographs, videos, audio, designs, templates, guides, and software — is owned by LoBello Marketing or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, publicly display, or create derivative works from any Site content without our prior written consent, except for your own personal, non-commercial reference.

Ownership of deliverables created as part of a paid client engagement is governed by the written agreement, proposal, or statement of work between LoBello Marketing and the client.

8. Client Materials and Content You Provide

If you provide materials to us in connection with the Services — including brand assets, photos, videos, copy, testimonials, access credentials, or other information ("Client Materials") — you represent and warrant that (a) you own or have the necessary rights, licenses, and permissions to provide those materials to us; (b) our use of those materials will not infringe any third-party rights; and (c) you have obtained any consents required from individuals featured in Client Materials.

You grant LoBello Marketing a limited, non-exclusive, royalty-free license to use Client Materials solely to perform the Services and, unless you opt out in writing, to feature your brand in LoBello Marketing’s portfolio, case studies, and marketing (including the Site and social channels).

9. Payments, Fees, and Refunds

Fees for marketing services are set in the applicable agreement, proposal, or statement of work between LoBello Marketing and the client. Unless otherwise stated in writing, fees are non-refundable once work has commenced. Digital product sales (including custom digital maps and downloadable guides) may be subject to the specific refund terms presented at the point of purchase; where a money-back guarantee is offered (for example, on custom digital maps), the terms of that guarantee will govern.

10. Third Party Websites and Services

The Site may contain links to third-party websites, platforms, or services that are operated independently of LoBello Marketing. These Terms do not apply to third-party services, and we are not responsible for their content, policies, or practices. Your interaction with any third-party service is governed by that provider’s terms and privacy policy.

11. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOBELLO MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

LoBello Marketing does not guarantee any specific business, marketing, sales, revenue, engagement, ranking, follower, lead, or conversion result. Marketing outcomes depend on many factors outside our control, including your products, pricing, market conditions, third-party platform algorithms, and your own follow-up with leads.

LoBello Marketing makes no guarantee that SMS or email messages will be delivered, and is not responsible for delays, failures, or errors in transmission or receipt by your mobile carrier, email provider, or third-party platform.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LOBELLO MARKETING, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LOBELLO MARKETING’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LOBELLO MARKETING UNDER THE APPLICABLE SERVICE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so the above limitations may not apply to you in full.

13. Indemnification

You agree to defend, indemnify, and hold harmless LoBello Marketing and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Site or Services; (b) your violation of these Terms; (c) your violation of applicable law; (d) Client Materials you provide to us; or (e) phone numbers you opt in or cause to be opted in that you were not authorized to opt in.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties agree to attempt to resolve any dispute informally by contacting LoBello Marketing first. If the dispute is not resolved within thirty (30) days, the parties agree that any action, suit, or proceeding arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in or serving Dallas or Collin County, Texas, and each party consents to the personal jurisdiction and venue of those courts.

Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms, engaged in unlawful conduct, or created risk or legal exposure for LoBello Marketing. You may stop using the Services at any time, and you can opt out of SMS communications at any time by replying STOP, as described in Section 4.5.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and, where appropriate, provide additional notice. Your continued use of the Site or Services after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and LoBello Marketing regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction.

15. Contact Us

For questions about these Terms, our SMS program, or our Services, please contact us:

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