Terms of Use

These Terms of Use govern your access to and use of jdsimpkins.com, including its articles, videos, downloads, forms, resources, and other content.

This website is operated by JD Simpkins through Tech Touch Marketing, LLC. Throughout these Terms, “JD Simpkins,” “we,” “us,” and “our” refer to JD Simpkins and Tech Touch Marketing, LLC as applicable.

By accessing or using this website, you agree to these Terms. If you do not agree with these Terms, do not use the website.

These Terms apply only to jdsimpkins.com. They do not apply to learn.jdsimpkins.com, which maintains separate terms and policies.

Website Purpose

Jdsimpkins.com provides educational information, commentary, resources, and services related to marketing, websites, local search visibility, advertising, lead generation, customer relationship management, business operations, and related subjects.

The website may also allow visitors to contact JD Simpkins, request information, schedule an appointment, download resources, inquire about services, or access third-party platforms.

The website is intended for adults and business owners. You must be at least 18 years old or the age of legal majority in your jurisdiction to enter into a binding agreement through this website.

Educational Information and No Professional Advice

Content provided on this website is for general educational and informational purposes. It is not legal, financial, tax, accounting, medical, or other regulated professional advice.

Marketing recommendations depend on factors such as the business, market, location, competition, budget, implementation, offer, reputation, website, sales process, and customer demand. Information that is appropriate for one business may not be appropriate for another.

You are responsible for evaluating information before relying on it or applying it to your business. When appropriate, consult a qualified professional who can evaluate your particular circumstances.

No Guarantee of Results

We do not guarantee any particular marketing or business result from using this website, its content, its resources, or any information provided through it.

We do not guarantee:

• Search-engine rankings or visibility
• Google Business Profile rankings
• Website traffic
• Advertising performance
• Lead volume or lead quality
• Conversion rates
• Sales, revenue, or profitability
• Customer acquisition costs
• Approval by an advertising platform, search engine, directory, or third-party service
• Any other specific business outcome

Examples, opinions, testimonials, case studies, and discussions of previous results are provided for context. They do not promise that another person or business will receive the same or similar results.

Your results will depend on circumstances and actions outside our control, including implementation, competition, market conditions, customer demand, platform changes, budgets, business operations, and the accuracy of information you provide.

Client Services and Separate Agreements

These Terms govern use of the public website. They do not, by themselves, create a client, consultant, agency, partnership, employment, fiduciary, or other professional relationship.

Marketing, consulting, website, advertising, search-engine optimization, content, technology, or related services may be governed by separate documents or communications, including:

• Proposals
• Service agreements
• Statements of work
• Invoices
• Order forms
• Payment terms
• Written email agreements
• Other offer-specific terms

If these Terms conflict with a written agreement governing paid client services, the written client agreement controls with respect to those services.

Submitting a contact form, scheduling a call, requesting information, or communicating with us does not guarantee that we will accept an engagement or provide services.

Purchases, Payments, and Refunds

Jdsimpkins.com does not currently collect or store complete payment-card or bank-account information directly.

If you purchase a service or other offer, pricing, payment schedules, deliverables, cancellation terms, and refund eligibility will be governed by the proposal, invoice, service agreement, checkout page, or other terms presented for that specific transaction.

Payments may be processed through third-party providers or agreed payment methods, including Stripe, PayPal, Cash App, Venmo, or an electronic check provider. Your use of a third-party payment provider is also subject to that provider’s terms and policies.

Unless otherwise stated in the terms for a particular offer, submitting payment does not create rights beyond the specific services, access, or deliverables described for that purchase.

Purchases conducted through learn.jdsimpkins.com are governed by the separate terms and policies provided on that website.

Intellectual Property

Unless otherwise stated, the website and its original content are owned by or licensed to JD Simpkins or Tech Touch Marketing, LLC and are protected by applicable copyright, trademark, and other intellectual-property laws.

Protected content may include:

• Articles and written copy
• Videos and audio content
• Graphics, photographs, and illustrations
• Templates, checklists, guides, and downloads
• Website design and page layouts
• Brand names, logos, and visual elements
• Course, framework, resource, and product names
• Other original materials published through the website

Displaying content on this website does not transfer ownership or grant you unrestricted rights to use that content.

Permitted Use of Website Content

You may access and use publicly available website content for your own personal education or internal business purposes.

You may:

• Read, watch, or listen to publicly available content
• Download resources that are intentionally offered for download
• Apply general educational ideas within your own business
• Share a link directing others to the original page or resource
• Quote a limited portion of content with clear attribution and a link to the original source when legally permitted

Permission to use content for personal or internal business purposes does not grant permission to reproduce, redistribute, publish, sell, license, rebrand, or commercially exploit that content.

Prohibited Use of Content

Without prior written permission, you may not:

• Copy or republish substantial portions of the website
• Present our content as your own work
• Remove copyright, attribution, trademark, or ownership notices
• Sell, license, sublicense, or redistribute our downloads or resources
• Use our materials to create a competing course, product, service, template, guide, or resource
• Place our content behind a paywall or use it as a paid client deliverable
• Scrape, systematically extract, or create a database from website content
• Use automated systems to reproduce or collect substantial portions of the website
• Use our content to train, develop, evaluate, or improve an artificial-intelligence model or commercial dataset without written permission
• Modify our content in a way that falsely implies our endorsement, participation, or approval
• Use JD Simpkins, Tech Touch Marketing, or related branding in a misleading manner

Nothing in these Terms is intended to restrict rights available under applicable copyright law, including legally recognized fair use.

Acceptable Website Use

You agree to use the website only for lawful purposes.

You may not:

• Attempt to gain unauthorized access to the website, hosting environment, accounts, systems, or data
• Interfere with the website’s operation, security, or availability
• Introduce malware, malicious code, spam, or harmful technology
• Use forms, email addresses, or phone numbers for spam, harassment, fraud, or unlawful solicitation
• Submit false, misleading, defamatory, infringing, or unlawful material
• Impersonate another person or misrepresent your identity or affiliation
• Circumvent security, access controls, or technical restrictions
• Use the website in a way that violates another person’s rights
• Use automated tools in a manner that places an unreasonable burden on the website
• Encourage or assist another person in prohibited activity

We may restrict or block access to the website when we reasonably believe these Terms have been violated or when necessary to protect the website, its users, or our legal rights.

Downloads, Templates, and Resources

The website may offer checklists, templates, guides, worksheets, and other downloadable materials.

Unless separate license terms are provided, downloads are licensed for your personal use or internal use within your own business. They are not sold or transferred to you.

You may not resell, redistribute, sublicense, publish, rebrand, or provide these resources as your own product or client deliverable without written permission.

We may modify, replace, restrict, or discontinue a resource at any time. We do not guarantee that a download will remain available indefinitely or remain suitable for a particular platform, business, or purpose.

User Communications and Submissions

If you submit a question, message, suggestion, feedback, or other communication, you confirm that you have the right to provide it and that it does not violate any law or another person’s rights.

You retain ownership of original material you submit. You grant us the limited right to receive, store, review, and use that material as reasonably necessary to respond to you, provide requested services, maintain business records, protect our rights, and operate the website.

Submitting private feedback, a message, or a client communication does not automatically give us permission to publish it publicly as a testimonial.

If you intentionally submit a testimonial, review, case-study contribution, or other material for publication, or separately authorize its use, you grant JD Simpkins and Tech Touch Marketing, LLC a nonexclusive, worldwide, royalty-free license to reproduce, edit for length or clarity without materially changing its meaning, publish, display, and promote that authorized material.

Where appropriate, we will request permission before using private client communications, identifying business information, or nonpublic results for promotional purposes.

Testimonials and Examples

Testimonials, examples, portfolio materials, and case studies may describe the experiences of particular clients, businesses, or users. Those experiences are individual and do not guarantee future performance or typical results.

We may edit authorized testimonials for spelling, grammar, length, or clarity, but we will not intentionally change their meaning.

If compensation, discounts, free services, or another material relationship applies to a testimonial or endorsement, we will provide an appropriate disclosure where required.

Third-Party Websites and Services

The website may link to or embed content from third-party websites and services, including YouTube, Google, social-media platforms, scheduling systems, forms, analytics tools, and payment providers.

Third-party links and embedded services are provided for convenience or functionality. We do not control and are not responsible for their:

• Content
• Availability
• Accuracy
• Security
• Privacy practices
• Business practices
• Products or services

A link, mention, or embed does not necessarily constitute an endorsement. Your use of a third-party service is governed by that provider’s own terms and policies.

Affiliate Links

The website does not currently use affiliate links.

We may introduce affiliate relationships in the future. If we do, qualifying content or links will include an appropriate disclosure explaining that we may receive compensation when someone makes a purchase through the link.

Affiliate compensation will not change your purchase price unless expressly stated by the applicable provider.

Website Availability and Changes

We may update, modify, suspend, restrict, or discontinue any part of the website at any time without guaranteeing prior notice.

We do not guarantee that:

• The website will always be available or uninterrupted
• Every page, feature, link, download, or integration will function without error
• Content will always be current, complete, or free of mistakes
• The website will be compatible with every browser, device, platform, or assistive technology
• Defects or technical problems will be corrected immediately

We may correct errors or update information at any time.

Disclaimer of Warranties

To the maximum extent permitted by law, the website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

We disclaim warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, reliability, availability, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by law, JD Simpkins and Tech Touch Marketing, LLC, including their owners, employees, contractors, representatives, and service providers, will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the website or its content.

This includes, without limitation, losses involving revenue, profits, business opportunities, customers, leads, advertising spend, data, goodwill, reputation, or business interruption.

To the maximum extent permitted by law, our total liability for claims arising solely from your use of the public website or its free content will not exceed the greater of:

• The amount you paid directly for the specific website content giving rise to the claim during the six months preceding the event, or
• One hundred United States dollars

This limitation does not replace or modify any liability provision contained in a separate written agreement for paid client services.

Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, the limitations apply only to the extent permitted by law.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless JD Simpkins and Tech Touch Marketing, LLC, including their owners, employees, contractors, and representatives, from claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from:

• Your unlawful or prohibited use of the website
• Your violation of these Terms
• Material you submit through the website
• Your infringement of another person’s rights
• Your fraud, misconduct, or violation of applicable law

This section does not require you to indemnify a party for conduct for which indemnification cannot legally be required.

Privacy

Your use of the website is also subject to our Privacy Policy, which explains how information may be collected, used, stored, and shared.

Informal Dispute Resolution

Before filing a lawsuit concerning these Terms or use of the website, you agree to make a good-faith effort to resolve the dispute informally.

You may begin the informal-resolution process by sending a written description of the dispute, the relevant facts, your requested resolution, and your contact information to jd@jdsimpkins.com.

We will make a reasonable effort to discuss the issue and seek a resolution. Either party may pursue an available legal remedy if the dispute is not resolved within 30 days after the written notice is received.

This section does not prevent either party from seeking urgent injunctive or equitable relief when reasonably necessary to protect intellectual property, confidential information, security, or legal rights.

Governing Law

These Terms and disputes arising from use of the website are governed by the laws of the State of West Virginia, without regard to conflict-of-law principles.

Subject to the informal-resolution process above, legal proceedings concerning these Terms or use of the website may be brought in a court of competent jurisdiction located in West Virginia, unless applicable law requires otherwise.

A separate written agreement may establish different governing-law or dispute-resolution provisions for paid client services.

Changes to These Terms

We may update these Terms to reflect changes in the website, content, services, business practices, technology, or legal requirements.

The effective date at the top of the page will be updated when material changes are made. Updated Terms become effective when posted unless a later date is stated.

Your continued use of the website after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Termination

We may suspend, restrict, or terminate your access to the website if you violate these Terms, misuse the website, threaten its security, infringe our rights, or engage in unlawful activity.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, liability, indemnification, disputes, and governing law.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent legally permitted, and the remaining provisions will continue in effect.

No Waiver

Failure to enforce a provision of these Terms does not waive the right to enforce it later. A waiver is effective only when made in writing by the party granting it.

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement concerning use of the public website and supersede prior discussions or communications concerning that use.

These Terms do not supersede a separate proposal, invoice, service agreement, statement of work, or other written terms governing paid services or a specific transaction.

Contact Information

Questions concerning these Terms may be directed to:

JD Simpkins
Tech Touch Marketing, LLC
Email: jd@jdsimpkins.com
Phone: (606) 254-6780
Website: https://jdsimpkins.com/