Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the websites, services, and deliverables provided by LandersRX (“LandersRX,” “we,” “us,” or “our”), including the website at landersrx.com (the “Site”), the landing page design and build services we offer (the “Services”), and any work product we deliver to you (the “Deliverables”). By accessing the Site, requesting Services, or using any Deliverables, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
1. Eligibility and Authority
The Services are intended for businesses and the individuals authorized to act on their behalf. By using the Services, you represent that you are at least 18 years old, you are acting on behalf of a business entity, and you have full legal authority to bind that entity to these Terms.
2. Description of Services
LandersRX provides custom landing page strategy, design, copywriting, and production services for businesses running paid advertising. A typical engagement includes (i) review of your ad account data, (ii) strategy and concepting tied to your top-performing ads, (iii) design and copywriting, (iv) build of the final landing page or pages, and (v) a defined number of revisions per the proposal or statement of work signed between us. The exact scope, deliverables, timelines, and revision counts are defined in the proposal or statement of work that applies to your engagement (the “SOW”). If a term in the SOW conflicts with these Terms, the SOW controls for that engagement.
3. Fees and Payment
You agree to pay the fees set out in the SOW on the schedule listed there. Unless the SOW says otherwise, fees are due in U.S. dollars and are non-refundable once Services have begun. Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend or terminate Services if any invoice is more than 30 days overdue.
4. Performance Disclaimer (Important)
Marketing results vary. We do not guarantee any specific level of conversion rate, return on ad spend (ROAS), revenue, customer acquisition, or other performance outcome from any Deliverable. Performance depends on many factors outside our control, including but not limited to your offer, product, pricing, ad creative, audience, traffic quality, market conditions, platform algorithm changes, and seasonality. Any past results, case studies, screenshots, or testimonials shown on the Site or in our marketing represent the experience of specific clients in specific conditions and are not a promise or projection of your results.
5. Intellectual Property
5.1 Your Content
You retain ownership of all materials you provide to us (your brand assets, ad creative, product information, customer data, and similar “Client Materials”). You grant LandersRX a non-exclusive, worldwide license to use Client Materials for the limited purpose of performing the Services and producing the Deliverables.
5.2 Deliverables
Upon your full payment of all fees due under the applicable SOW, LandersRX assigns to you the rights to use the final Deliverables for your business, subject to any third-party licenses (fonts, stock images, plugins, and similar) that you must license directly. Until full payment is received, you have no rights to use the Deliverables.
5.3 LandersRX Materials
LandersRX retains all rights, title, and interest in the methodology, frameworks, templates, design system, code patterns, internal tools, processes, training materials, and any pre-existing or generally reusable materials we use to perform the Services (collectively, “LandersRX Materials”). The Deliverables may incorporate LandersRX Materials, in which case you receive a perpetual, non-exclusive, non-transferable license to use those embedded LandersRX Materials solely as part of the Deliverables.
5.4 Portfolio Use
Unless you tell us in writing not to, we may identify you as a client and display non-confidential excerpts of the Deliverables in our portfolio, case studies, sales materials, and on the Site.
6. Confidentiality
Each party may receive non-public information of the other (“Confidential Information”). Each party agrees to (i) use Confidential Information only to perform under these Terms, (ii) protect it with at least the same care it uses for its own confidential information, and (iii) not disclose it to any third party except contractors or advisors bound by similar obligations. Confidential Information does not include information that is public, was already known, is independently developed, or is required to be disclosed by law. These confidentiality obligations survive for three (3) years after termination.
7. Communications and SMS Consent
By providing your phone number through the Site, a form, a chat widget, or another channel where consent is requested, you agree that LandersRX (and our service providers acting on our behalf) may contact you at that number, including by automated technology and including for marketing or transactional purposes, by call and by SMS or MMS text message. Message and data rates may apply. Message frequency varies. You can opt out of marketing text messages at any time by replying STOP to any marketing text. Reply HELP for help. Consent to marketing texts is not a condition of any purchase. See our Privacy Policy for more on how we handle your information.
8. Acceptable Use
You agree not to (i) use the Services or Deliverables for any unlawful purpose or in violation of any third-party policy (including the policies of Meta, Google, TikTok, or other ad platforms), (ii) make claims in your ads or pages that are false, misleading, or unsupported, (iii) reverse-engineer, copy, or resell our methodology or templates, or (iv) interfere with the Site or its security.
9. Third-Party Services
The Services may rely on or integrate with third-party platforms (Shopify, Klaviyo, Meta, Google, payment processors, font providers, image libraries, and similar). LandersRX is not responsible for the availability, performance, accuracy, security, or terms of any third-party service. Your use of any third-party service is governed by that party’s own terms.
10. Warranties and Disclaimers
We will perform the Services in a professional and workmanlike manner. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SERVICES, SITE, AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND LANDERSRX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES OR DELIVERABLES WILL ACHIEVE ANY SPECIFIC RESULT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LANDERSRX’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO LANDERSRX UNDER THE APPLICABLE SOW IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL LANDERSRX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted.
12. Indemnification
You agree to defend, indemnify, and hold harmless LandersRX and its officers, employees, and contractors from and against any third-party claims, losses, damages, and reasonable attorneys’ fees arising from (i) Client Materials you provide to us, (ii) your use of the Deliverables in violation of these Terms or applicable law, or (iii) your products, offers, or claims. LandersRX will defend, indemnify, and hold you harmless from third-party claims that the Deliverables, as delivered by us and used as intended, infringe a third party’s intellectual property rights, except to the extent the claim arises from Client Materials, modifications you made, or use combined with materials we did not provide.
13. Term and Termination
These Terms apply for as long as you use the Site or Services. Either party may terminate an active engagement for material breach if the breach is not cured within thirty (30) days of written notice. Upon termination, you must pay for all Services performed and expenses incurred up to the termination date. Sections that by their nature should survive termination (including 4, 5, 6, 10, 11, 12, 14, and 15) will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. The parties first agree to attempt in good faith to resolve any dispute through informal discussion for thirty (30) days. If unresolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be seated in Winnebago County, Wisconsin (or remote, by agreement of the parties), conducted by a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information. You and LandersRX each waive any right to a jury trial and any right to participate in a class action.
15. Miscellaneous
These Terms, together with the applicable SOW, are the entire agreement between you and LandersRX about the Services and supersede all prior agreements about the same subject. If any provision is unenforceable, the rest will remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; LandersRX may assign these Terms to an affiliate or in connection with a merger, sale, or reorganization. Notices to LandersRX must be sent to the contact information below; notices to you may be sent to the email or address you provided.
16. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the latest version. If a change materially reduces your rights, we will provide reasonable notice (e.g., by email or a Site banner) before the change takes effect. Your continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms.
17. Contact
Questions about these Terms? Reach us at:
LandersRX938 W Cecil Street
Neenah, WI 54956
hello@landersrx.com
+1 414-261-3891