Effective Date: August 27, 2026
Welcome to Tobe Agency ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.tobeagency.co (the "Website"), along with any related services, content, and features we provide (collectively, the "Services").
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.
We may update these Terms from time to time. The updated version will be indicated by a revised "Effective Date," and the updated version will be effective as soon as it is accessible. Your continued use of the Website after the posting of changes constitutes acceptance of the updated Terms.
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Website. By using the Website, you represent and warrant that you meet this eligibility requirement and that you have the legal capacity to enter into these Terms.
If you are using the Website on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms.
The Website provides information about Tobe Agency's digital marketing and media services, including search engine optimization, AI search and answer-engine visibility, paid search and paid social media advertising, content and creative production, marketing analytics and attribution, and related strategic consulting. The Website also offers tools such as contact forms, appointment scheduling, newsletter sign-ups, and related features. The specific features available may change from time to time at our sole discretion.
Nothing on the Website is intended to create a professional services relationship unless and until a separate written agreement is signed by both parties.
Certain features of the Website may require you to create an account. If you create an account, you agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.
You agree not to use the Website in any way that:
All content on the Website — including text, graphics, logos, images, audio, video, software, and the overall design and compilation — is owned by Tobe Agency or our licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or commercially exploit any content from the Website without our prior written consent.
If you submit, post, or transmit any content through the Website (for example, through contact forms, comments, reviews, or testimonials) ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute that User Content in connection with operating and promoting the Website and our business.
You represent and warrant that you own or have the necessary rights to the User Content you submit, and that the User Content does not violate these Terms or the rights of any third party.
"Tobe Agency," our logo, and any related product or service names, slogans, and designs are trademarks of Tobe Agency. You may not use these trademarks without our prior written consent.
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse and are not responsible for the content, policies, or practices of any third-party websites or services. Your use of third-party websites or services is at your own risk and subject to the terms and privacy policies of those third parties.
THE WEBSITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOBE AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any information on the Website.
Information provided on the Website is for general informational purposes only and should not be relied upon as professional advice. Consult with an appropriate professional for advice specific to your situation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOBE AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Tobe Agency and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Website; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any User Content you submit.
We may suspend or terminate your access to the Website at any time, with or without cause, and with or without notice, in our sole discretion. Upon termination, your right to use the Website will immediately cease.
Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
These Terms and any dispute arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the personal jurisdiction and venue of those courts.
We reserve the right to modify, suspend, or discontinue the Website (or any portion of it) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and us concerning the Website and supersede all prior agreements and understandings, whether written or oral.
If you have any questions about these Terms, please contact us at:
Tobe Agency
2701 North Thanksgiving Way, #100
Lehi, UT 84043
Email: info@tobeagency.co
Phone: (801) 568-2515