Terms and Conditions

Last Updated: April 23, 2025

1. Introduction

Welcome to Empathy First Media, LLC (“Empathy First Media,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, located at empathyfirstmedia.com, and all related services, features, content, and applications offered by Empathy First Media (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

2. About Us

Empathy First Media, LLC is a digital marketing agency registered in the United States as an LLC S-Corp. Our business was established on January 25, 2018, and is currently headquartered in St. Petersburg, Florida.

3. Eligibility

You must be at least 18 years of age to access or use our Services. By accessing or using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

4. Account Registration

Some portions of our Services may require you to create an account. When you create an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your account credentials secure and confidential
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete.

5. Services

Empathy First Media provides digital marketing services, including but not limited to:

Website design and development
Search engine optimization (SEO)
Content marketing
Social media management
Pay-per-click advertising
Public Relations
Email marketing
Marketing strategy consulting

The specific services to be provided will be outlined in a separate service agreement or statement of work between you and Empathy First Media.

6. Fees and Payment

6.1 Fees

Our fees for Services will be specified in a separate service agreement or statement of work. All fees are quoted in US Dollars unless otherwise specified.

6.2 Payment Terms

Payment terms will be outlined in your service agreement. Unless otherwise specified, invoices are due upon receipt. We accept payment via credit card, bank transfer, and other methods specified in your agreement.

6.3 Late Payments

Late payments may incur interest charges at the maximum rate permitted by law. We reserve the right to suspend Services until payment is received.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by Empathy First Media, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes.

7.3 Restrictions

You may not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services without our prior written consent
Use any automated means, including bots, scrapers, or spiders, to access or use our Services
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Empathy First Media
Use any meta tags or any other “hidden text” utilizing Empathy First Media’s name or trademarks
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services

7.4 Client Materials

You retain all ownership rights to materials you provide to us for use in connection with our Services (“Client Materials”). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Materials solely for the purpose of providing the Services to you.

7.5 Deliverables

Unless otherwise specified in a service agreement, upon full payment for Services, you will own all rights to the final deliverables created specifically for you as part of our Services, except for:

Third-party materials incorporated into the deliverables
Our pre-existing intellectual property
Our proprietary tools, processes, and methodologies

8. User Content

8.1 User Content Definition

“User Content” means any content that you submit, post, or transmit through our Services, including comments, feedback, suggestions, reviews, or other materials.

8.2 License to User Content

By submitting User Content, you grant Empathy First Media a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting our Services.

8.3 User Content Representations

You represent and warrant that:

You own or have the necessary rights to submit the User Content
The User Content does not infringe upon the intellectual property rights or other rights of any third party
The User Content complies with these Terms and all applicable laws and regulations

8.4 Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

9. Prohibited Activities

You agree not to use our Services to:

Violate any applicable law, regulation, or these Terms
Infringe upon the rights of others, including intellectual property rights
Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
Submit false or misleading information
Upload or transmit viruses, malware, or other malicious code
Interfere with or circumvent the security features of our Services
Engage in any activity that could disable, overburden, damage, or impair our Services

10. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Empathy First Media. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Empathy First Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EMPATHY FIRST MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPATHY FIRST MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
ANY CONTENT OBTAINED FROM OUR SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO EMPATHY FIRST MEDIA FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless Empathy First Media, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to our Services
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your User Content caused damage to a third party

14. Termination

14.1 Termination by You

You may terminate your account or discontinue use of our Services at any time.

14.2 Termination by Us

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

14.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Pinellas County, Florida for the resolution of any disputes arising out of or relating to these Terms or our Services.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim against Empathy First Media, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Empathy First Media may bring a formal proceeding.

17.2 Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The number of arbitrators shall be one, the seat of the arbitration shall be St. Petersburg, Florida, and the arbitral proceedings shall be conducted in English.

17.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

20. Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

21. Contact Information

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

Empathy First Media, LLC
260 1st Ave S
Suite 200 Box #166
St. Petersburg, FL 33701
USA

Email: [email protected]
Phone: (866) 383-1077