Terms and Conditions
Effective Date: June 11, 2025
1. Introduction
Welcome to FMS Pros (a division of Fresh Marketing Solution) (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website [https://fms-pros.com] and any related services (collectively, the “Site” and “Services”). By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.
2. Services Provided
FMS Pros offers marketing and automation services to general contractors and service-based businesses, including but not limited to website design, CRM setup, AI voice assistants, lead follow-up systems, review management, digital advertising, and consulting services.
3. Use of Services
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Site or Services for any unlawful or fraudulent purpose.
Attempt to interfere with the security or functionality of the Site or Services.
Engage in any activity that could damage, disable, or impair the Site or interfere with other users’ use of the Site.
4. User Accounts and Security
Some Services may require you to create an account. You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
5. Intellectual Property
All content on the Site and Services, including but not limited to text, graphics, logos, images, software, and other materials (“Content”), is the property of FMS Pros (a division of Fresh Marketing Solution) or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, or create derivative works from the Content without our prior written consent.
6. Payment Terms
Certain Services require upfront or recurring payments. All pricing is outlined on our website or in your Service Agreement. Services are billed on a 3-month, 6-month, or 12-month contract basis, depending on the selected package.
Setup fees are due before onboarding begins and are non-refundable unless otherwise agreed in writing. Subscription payments are processed through secure third-party payment processors. We reserve the right to adjust pricing with advance notice for upcoming billing periods.
7. Refund and Cancellation Policy
All setup fees are non-refundable. Ongoing subscription payments are also non-refundable once billed, unless stated otherwise in a separate written agreement.
To cancel services, you must provide at least 30 days’ written notice before the next billing cycle. Early termination of contract-based services may result in additional fees or forfeiture of promotional discounts, depending on the terms of your original agreement.
We reserve the right to evaluate refund or cancellation requests on a case-by-case basis at our sole discretion.
8. Third-Party Services
We may use third-party providers to help deliver our Services (e.g., hosting, analytics, payment processing). We are not responsible for the content or practices of these third parties.
9. Service Level Agreements (SLA)
While we strive to provide reliable and high-performing services, we do not guarantee continuous, uninterrupted access to our Site or Services. Downtime may occur due to maintenance, upgrades, or circumstances beyond our control. For premium service levels or guaranteed response times, separate Service Agreements may be required.
10. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of God, war, terrorism, labor disputes, or technical failures.
11. Artificial Intelligence Disclaimer
Some of our Services incorporate AI-powered tools (e.g., chatbots, voice assistants, reputation management automations). While we strive for accuracy and reliability, AI tools may occasionally produce incorrect or incomplete outputs. Users are responsible for reviewing AI-generated content and ensuring its accuracy before relying on it.
12. International Users and Data Transfers
Our Site and Services are operated from the United States. If you access our Site from outside the U.S., you consent to the transfer of your information to the United States for processing and storage in accordance with this Privacy Policy and applicable U.S. laws.
13. Affiliate and Partnership Programs
We may offer affiliate or partnership opportunities through separate agreements. Affiliates and partners agree to abide by these Terms as well as any additional terms in their specific agreements. FMS Pros (a division of Fresh Marketing Solution) reserves the right to terminate any affiliate or partnership agreement at its discretion for violations of these Terms or other applicable policies.
14. Limitation of Liability
To the fullest extent permitted by law, FMS Pros (a division of Fresh Marketing Solution) and its affiliates, officers, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, or data, arising from your use of the Site or Services. Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount paid by you for the Services in the preceding twelve months.
15. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
16. Indemnification
You agree to indemnify, defend, and hold harmless FMS Pros (a division of Fresh Marketing Solution), its affiliates, and their respective officers, directors, employees, agents, and contractors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services or your violation of these Terms.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in Las Vegas, Nevada, in accordance with the rules of the American Arbitration Association.
18. Modifications
We reserve the right to modify these Terms at any time. When we do, we will update the “Effective Date” at the top. It is your responsibility to review these Terms periodically. Your continued use of the Site and Services after any changes means you accept those changes.
19. Contact Information
If you have questions or concerns about these Terms, please contact us:
FMS Pros (a division of Fresh Marketing Solution)
1050 E Flamingo Road, Suite 107
Las Vegas, NV
Email: [email protected]
Phone: (725) 242-4476
Helping contractors grow with smart, done-for-you marketing. We build trust, get you seen, and keep your phone ringing. Let’s talk about how to win more jobs without more stress.
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