Terms & Conditions

Terms & Conditions

LJP3 Holdings LLC DBA Destiny Marketing Solutions

Effective Date: August 20, 2025

These Terms & Conditions ("Terms," "Agreement") govern your use of the website destinymarketingsolutions.com and all services provided by LJP3 Holdings LLC DBA Destiny Marketing Solutions ("Company," "we," "us," or "our"). By accessing our website, using our services, or engaging with our SMS marketing programs, you ("User," "you," or "your") agree to be bound by these Terms.

Contact Information

Business Name: LJP3 Holdings LLC DBA Destiny Marketing Solutions
Address: 12121 Westheimer Rd Suite B #300, Houston, TX 77077
Phone: (888) 846-4937
Email: info@destinymarketingsolutions.com

Table of Contents

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms, you must discontinue use of our website and services immediately.

2. Description of Services

Destiny Marketing Solutions provides digital marketing services including but not limited to:

  • Search Engine Optimization (SEO)

  • Pay-Per-Click (PPC) advertising

  • Social media marketing

  • Content marketing

  • SMS marketing campaigns

  • Website development and maintenance

  • Email marketing

  • Digital advertising management

  • Marketing consulting

3. SMS Marketing Terms

3.1 SMS Consent and Enrollment

By providing your mobile phone number and opting into our SMS marketing program, you expressly consent to receive text messages from Destiny Marketing Solutions. Message frequency varies based on your selected preferences and campaign activities. Standard message and data rates may apply as determined by your mobile carrier. Consent is not a condition of purchase.

3.2 Opt-Out Procedures

You may opt out of receiving SMS messages at any time by:

Upon receiving your opt-out request, we will promptly cease sending SMS messages to your number and confirm your unsubscription.

3.3 SMS Support and Help

For assistance with SMS services, reply "HELP" to any message or contact us at info@destinymarketingsolutions.com or (888) 846-4937.

3.4 SMS Service Availability

SMS services are available to users with compatible mobile devices and participating wireless carriers. We do not guarantee SMS delivery and are not responsible for delayed or undelivered messages due to carrier issues or technical problems.


4. User Obligations and Acceptable Use

4.1 Prohibited Activities

When using our website or services, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights

  • Transmit harmful, threatening, defamatory, or obscene content

  • Attempt to gain unauthorized access to our systems or networks

  • Interfere with the proper functioning of our website or services

  • Use our services for spam, fraud, or other illegal activities

  • Reverse engineer, modify, or create derivative works of our services

  • Share your account credentials with unauthorized parties

4.2 User Responsibilities

You are responsible for:

  • Providing accurate and complete information

  • Maintaining the security of your account credentials

  • All activities that occur under your account

  • Compliance with all applicable laws and regulations


5. Payment Terms and Billing

5.1 Service Fees

Service fees are outlined in your specific service agreement or proposal. All prices are quoted in US dollars unless otherwise specified.

5.2 Payment Schedule

Payment terms are Net 30 days from invoice date unless otherwise agreed in writing. Late payments may incur a 1.5% monthly service charge.

5.3 Payment Methods

We accept payment by:

  • Bank transfer (ACH)

  • Credit card (Visa, MasterCard, American Express)

  • Business check

5.4 Refund Policy

Refunds are handled on a case-by-case basis and are subject to the specific terms outlined in your service agreement. Digital marketing services that have been delivered are generally non-refundable. Any exceptions will be detailed in your individual service agreement.


6. Intellectual Property Rights

6.1 Company Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the exclusive property of Destiny Marketing Solutions or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. By engaging our services, you grant us a non-exclusive, worldwide license to use your materials solely for the purpose of providing agreed-upon services.

6.3 Work Product

Unless otherwise specified in your service agreement:

  • Custom creative work developed specifically for your account becomes your property upon full payment

  • General methodologies, processes, and know-how remain our intellectual property

  • Third-party tools and platforms remain the property of their respective owners

6.4 Restrictions on Use

You may not:

  • Copy, modify, or distribute our website content without written permission

  • Use our trademarks, logos, or brand elements without authorization

  • Create derivative works based on our intellectual property


7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.


8. Third-Party Services and Links

8.1 Third-Party Integrations

Our services may integrate with third-party platforms and tools. Your use of such services is subject to their respective terms and conditions and privacy policies.

8.2 External Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of external sites. These links are provided for convenience only.


9. Limitation of Liability

9.1 General Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESTINY MARKETING SOLUTIONS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages

  • Lost profits, revenue, or business opportunities

  • Damage to reputation or goodwill

  • Loss of data or information

  • Any damages exceeding the total amount paid by you for services in the twelve (12) months preceding the claim

9.2 Service Limitations

We do not guarantee:

  • Specific marketing results or performance metrics

  • Search engine rankings or placement

  • Social media engagement levels

  • Conversion rates or sales increases

  • Continuous, uninterrupted service availability

9.3 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, or third-party service disruptions.


10. Indemnification

You agree to indemnify, defend, and hold harmless Destiny Marketing Solutions, its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our services

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Any content or materials you provide to us


11. Service Level Commitments

11.1 Response Times

We aim to respond to client communications within one (1) business day. Emergency support requests will be addressed as promptly as possible.

11.2 Performance Standards

Specific performance metrics and service levels are outlined in individual service agreements and statements of work.


12. Contract Duration and Termination

12.1 Service Terms

Service agreements typically have a minimum term of three (3) to six (6) months, as specified in your individual service agreement.

12.2 Termination Rights

Either party may terminate services with thirty (30) days' written notice. Immediate termination may occur in cases of:

  • Material breach of these Terms

  • Non-payment of fees

  • Illegal or harmful use of services

12.3 Post-Termination

Upon termination:

  • All outstanding fees become immediately due

  • We will provide a reasonable transition period for asset transfer

  • Confidential information obligations continue indefinitely


13. Disclaimers and Warranties

13.1 Service Disclaimers

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.2 Results Disclaimer

Marketing results depend on numerous factors beyond our control, including market conditions, competition, product quality, and customer behavior. We make no guarantees regarding specific outcomes or performance metrics.


14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

14.2 Dispute Process

Before initiating formal legal proceedings, parties agree to attempt resolution through good-faith negotiation for thirty (30) days.

14.3 Jurisdiction

Any legal disputes shall be resolved exclusively in the state or federal courts located in Harris County, Texas.


15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last Updated" date.

15.2 Notice of Changes

For material changes, we will provide notice via email or SMS to active clients at least thirty (30) days prior to the effective date.

15.3 Continued Use

Your continued use of our services after modifications become effective constitutes acceptance of the updated Terms.


16. Compliance and Legal Requirements

16.1 Regulatory Compliance

We maintain compliance with applicable laws and regulations, including:

  • CAN-SPAM Act

  • Telephone Consumer Protection Act (TCPA)

  • California Consumer Privacy Act (CCPA)

  • General Data Protection Regulation (GDPR) where applicable

16.2 Industry Standards

Our services adhere to industry best practices and guidelines established by:

  • Google Ads policies

  • Facebook advertising standards

  • Mobile carrier requirements for SMS marketing


17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with any signed service agreements and our Privacy Policy, constitute the complete agreement between the parties.

17.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations at any time.

17.4 Survival

Provisions relating to intellectual property, confidentiality, indemnification, and limitation of liability shall survive termination of these Terms.

17.5 Accessibility

If you require these Terms in an alternative format for accessibility, please contact info@destinymarketingsolutions.com.


18. Contact Information

For questions about these Terms & Conditions, please contact us:

LJP3 Holdings LLC DBA Destiny Marketing Solutions
12121 Westheimer Rd Suite B #300
Houston, TX 77077
Phone: (888) 846-4937
Email: info@destinymarketingsolutions.com


By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

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