Last Updated:1/29/2026
Welcome to Hemingway Marketing (“we,” “us,” or “our”). By accessing or using hemingwaymarketing.com (the “Site”) and our associated services, you agree to comply with and be bound by the following Terms of Service.
1. Age Restriction
By using this Site, you represent and warrant that you are at least 18 years of age. Hemingway Marketing does not knowingly collect data from or provide services to individuals under the age of 18. If you are under 18, you are prohibited from using this Site.
2. Intellectual Property
All content, logos, graphics, and proprietary marketing methodologies featured on this Site are the intellectual property of Hemingway Marketing and are protected by United States and international copyright laws.
3. SMS & Mobile Communications
By providing your mobile number and opting in to our messaging program, you agree to the following:
Use Cases: We may send SMS/MMS messages related to appointment reminders, marketing promotions, project updates, and customer support inquiries.
Opt-Out Instructions: You can cancel the SMS service at any time. Just text “STOP” to our number. After you send “STOP,” we will send you a final confirmation message. After this, you will no longer receive SMS messages from us.
Customer Support: If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance or contact us directly at [Insert Email Address].
Message & Data Rates: As with all text messaging, message and data rates may apply from your carrier. Message frequency varies based on your interaction with us.
Carrier Liability: Mobile carriers are not liable for delayed or undelivered messages.
4. Privacy Policy
Your use of our Site and your consent to SMS communications are also governed by our Privacy Policy, which can be found at: [Insert Link to Privacy Policy Page]. Our Privacy Policy explicitly states that mobile information is not shared with third parties for marketing purposes.
5. Limitation of Liability
To the maximum extent permitted by law, Hemingway Marketing shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Site. This includes, but is not limited to, errors in SMS delivery or technical interruptions.
6. Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in [Insert County, e.g., Harris/Dallas] County, Texas.
7. Changes to Terms
We reserve the right to update these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Site after changes are made constitutes your acceptance of the new Terms.
Implementation Tips for Texas Compliance:
The “STOP” and “HELP” keywords: These are non-negotiable for carrier approval. Ensure your SMS software (like Twilio or GoHighLevel) is configured to handle these automatically.
The Venue Clause: Most Texas businesses use their home county (e.g., Travis, Dallas, or Bexar) to ensure they don’t have to travel for legal disputes.