Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) form a binding agreement between you and Capwell Comm, Inc. (“Capwell,” “we,” “us,” or “our”), a California corporation doing business as Capwell Communications. By accessing or using our website, booking a consultation, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our website or services.

2. Services

Capwell provides marketing, communications, and AI visibility services, including the Total Visibility™ program and related consultations, audits, and deliverables. Specific scope, deliverables, fees, and timelines for engaged services are governed by a separate written agreement or statement of work signed by both parties. In the event of any conflict between these Terms and a signed agreement, the signed agreement controls.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding contract to use our website or services. If you are accessing our services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Bookings & Communications

When you submit a form, book a consultation, or otherwise provide your contact information, you agree that we may contact you by phone, email, or text message regarding your inquiry, scheduled appointment, or related services.

You may opt out of marketing communications at any time by clicking the unsubscribe link in our emails or by replying STOP to text messages. Transactional communications (such as appointment confirmations) may continue as necessary to deliver the service you requested.

5. Fees & Payment

Initial consultations are typically offered at no charge. Fees for engaged services are set forth in the applicable proposal, statement of work, or order form. Unless otherwise specified:

• Invoices are due upon receipt and considered late if not paid within 15 days.
• Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
• Fees are exclusive of applicable taxes, which are your responsibility.
• All fees are non-refundable unless expressly stated otherwise in a signed agreement.

6. Intellectual Property

All content on our website — including text, graphics, logos, images, video, software, the “Total Visibility™” mark, and the overall design — is the property of Capwell Comm, Inc. or its licensors and is protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view our website for personal or internal business purposes. You may not copy, modify, distribute, reproduce, republish, frame, scrape, reverse engineer, or create derivative works from our content without our prior written consent.

Deliverables produced under a signed services agreement are governed by the intellectual property and licensing provisions in that agreement.

7. User Content & Conduct

You agree not to use our website or services to:

• Violate any applicable law, regulation, or third-party right.
• Submit false, misleading, or fraudulent information.
• Transmit any virus, malware, or harmful code.
• Attempt to gain unauthorized access to any systems, accounts, or data.
• Interfere with or disrupt the operation of our website or the servers that host it.
• Use automated means (bots, scrapers, crawlers) to access our website without our prior written consent.
• Harass, threaten, or harm any other person or entity.

If you submit content to us (including testimonials, feedback, or suggestions), you grant Capwell a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and display that content in connection with our business.

8. Third-Party Services & Links

Our website and services may include links to or rely on third-party websites, platforms, and services (e.g., scheduling tools, analytics providers, ad networks, search engines, AI platforms). We do not control and are not responsible for the content, policies, or practices of any third party. Your use of any third-party service is at your own risk and subject to the third party’s own terms.

9. Disclaimers

We do not warrant that our website or services will be uninterrupted, secure, or error-free, or that defects will be corrected. Marketing, advertising, SEO, and AI visibility outcomes depend on numerous factors outside our control, including third-party platform algorithms, market conditions, and client cooperation. We do not guarantee specific rankings, citations, leads, revenue, or business results.

10. Limitation of Liability

Our aggregate liability arising out of or relating to these Terms or your use of our website or services shall not exceed the greater of (a) the total fees paid by you to Capwell in the six (6) months preceding the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Capwell Comm, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (i) your use of our website or services; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party; or (iv) any content or information you provide to us.

12. Termination

We may suspend or terminate your access to our website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Termination of any services engagement is governed by the applicable signed agreement. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) shall survive.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved informally, exclusive jurisdiction and venue for any action shall lie in the state and federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the website and services.

15. Miscellaneous

• Entire agreement: These Terms, together with our Privacy Policy and any signed services agreement, constitute the entire agreement between you and Capwell regarding your use of our website and services.
• Severability: If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
• Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.

16. Contact Us

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