This User Agreement (the “Agreement”) is a legal agreement between you and Matheu Industries LLC, a Nevada limited liability company doing business as MAD Lion Digital (“MAD Lion Digital,” “we,” “us” or “our”). It governs your use of madliondigital.com and our related websites (the “Site”), our forms, our free diagnosis, and our emails and text messages. It also sets general terms that apply to our marketing services unless a signed proposal, statement of work or service agreement says otherwise.
Please read Section 18 carefully. It requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials.
By using the Site, submitting a form, or checking a box that refers to this Agreement, you agree to it and to our Privacy Policy. If you are using the Site on behalf of a business, you agree on behalf of that business and confirm you have authority to do so. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site or our services. The Site and our services are intended for businesses and professionals, not for personal, family or household use.
2. Use of the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to view and use the Site for its intended purpose. You agree not to:
- use the Site in violation of any law or the rights of others;
- submit false, misleading or someone else’s information, or impersonate any person or business;
- send spam, malware or automated submissions, or interfere with the Site’s security or operation;
- scrape, copy, frame or reproduce the Site, its design or its content, except as the law permits; or
- attempt to gain unauthorized access to any system or account.
We may change, suspend or discontinue any part of the Site at any time without notice.
3. Free diagnosis and proposals
Our free diagnosis is a general, preliminary review of publicly available information about your business and the information you give us. It is free, with no obligation to buy anything. It is provided “as is” for informational purposes, may not be complete, and is not a guarantee of any outcome. We may decline any request at our discretion. Pricing, estimates and examples on the Site, including the email volume estimator, are illustrations only and are not offers. A binding engagement exists only when both parties accept a written proposal, statement of work or service agreement.
4. Our services
The scope, deliverables, timeline, fees and other specific terms of any service are set in the written proposal, statement of work or service agreement for that engagement (each an “Order”). If an Order conflicts with this Agreement, the Order controls for that engagement. We may use qualified employees, contractors and service providers, in the United States and Guatemala, to perform services, and we remain responsible for their work under the Order.
5. No guarantee of results
Marketing results depend on many factors outside our control, including market conditions, competition, your offer, pricing and operations, and the policies and algorithms of search engines, advertising platforms, email providers and mobile carriers. We do not guarantee any specific ranking, traffic, number of leads, patients or customers, deliverability rate, revenue or return on investment. Client names, case studies and examples on the Site describe past work and are not a promise of similar results.
6. No medical, legal or financial advice
Although our founder is a physician, MAD Lion Digital provides marketing services only. Nothing on the Site or in our services is medical advice, and no doctor-patient relationship is created. We are not a law firm or an accounting firm. Information we provide about advertising rules, privacy laws, HIPAA or other regulations is general information to help you work with your own advisers. It is not legal advice, and you are responsible for obtaining your own legal, regulatory and professional advice.
7. Client responsibilities and compliance
If you use our services, you are responsible for, and you represent and warrant that:
- all information, content, images, trademarks and materials you give us are accurate, and you own them or have every right needed for us to use them;
- your products, services, offers and claims comply with all applicable laws and the rules of your profession, including advertising, consumer protection, health care, licensing and testimonial rules;
- you will review and approve campaigns, content and claims before publication, and your approval confirms that they are accurate and lawful;
- every contact list you give us was lawfully collected, every person on it has given any consent required for the communications you ask us to send (including under the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and state laws), and you will promptly give us any opt-outs you receive;
- you will not give us purchased, rented, scraped or harvested email or phone lists for sending, and you will not ask us to contact anyone who has opted out;
- you will keep the login credentials to your accounts and platforms secure and remain the owner of those accounts; and
- you will have your own privacy policy, terms and consent processes as your business requires.
We may pause or refuse any campaign, send, content or list that we reasonably believe is unlawful, misleading, likely to harm sender reputation, or likely to violate a platform’s rules, without liability.
8. Health care clients and patient information
Do not send us protected health information (PHI) or patient information through the Site, our forms, ordinary email or text messages. If an engagement requires us to create, receive, maintain or transmit PHI on your behalf, we must first sign a business associate agreement (BAA) with you, and we will then handle PHI only as the BAA and HIPAA permit. Unless a signed BAA is in place, you agree not to give us PHI, and we have no obligations for PHI you provide in breach of this section. Health care clients remain responsible for patient authorizations and consents for marketing, for keeping PHI out of advertising and analytics tools on their own websites and systems, and for complying with HIPAA and state health privacy laws.
9. Email and text message terms
Email. You may unsubscribe from our marketing emails at any time using the link in each email.
Text messages. If you opt in, you agree to receive text messages from MAD Lion Digital at the number you provided about your request, our services and related offers, which may be sent using automated technology. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time, or HELP for help, or contact us at info@madliondigital.com or +1 (702) 234-0505. You may also revoke consent by any other reasonable means, and we will honor it within 10 business days. Carriers are not liable for delayed or undelivered messages. You confirm you are the subscriber or customary user of the number you provide, and you agree to tell us if it changes.
10. Third-party platforms
Our services rely on third-party platforms and providers such as Google, Meta, Microsoft, LinkedIn, Yelp, email and hosting providers, and mobile carriers. Their terms, policies, prices, features and decisions (including rejecting ads, suspending accounts, filtering emails or changing algorithms) are outside our control, and we are not responsible for them. Advertising spend paid to platforms is your responsibility and is not refundable by us unless an Order says otherwise.
11. Fees and payment
Fees, billing schedules and payment terms are set in each Order. Unless an Order says otherwise: invoices are due on receipt; fees are in U.S. dollars and exclude taxes, which you are responsible for; amounts more than 15 days late may incur a late charge of 1.5% per month or the maximum allowed by law, whichever is less; and we may pause services while any amount is overdue. Fees already paid are non-refundable except as required by law or stated in an Order. If you believe an invoice is wrong, tell us in writing within 30 days of its date.
12. Intellectual property
The Site and its content, design, logos, text, graphics and software are owned by MAD Lion Digital or its licensors and are protected by intellectual property laws. “MAD Lion Digital,” the MAD Lion logo and related marks are our trademarks; you may not use them without our written permission.
Unless an Order says otherwise: once you have paid in full, you own the final deliverables we create specifically for you, excluding third-party materials (such as stock images, fonts, plugins and software, which remain subject to their own licenses) and our pre-existing tools, templates, know-how and systems, which we keep and for which you receive a license to use as part of the deliverables. We may display non-confidential work we created for you, and your name and logo, in our portfolio and marketing unless you ask us in writing not to.
If you send us ideas or feedback, we may use them without obligation to you.
13. Confidentiality
Each party will keep the other’s non-public business information confidential, use it only for the engagement, and protect it with at least reasonable care, except for information that is or becomes public through no fault of the recipient, was already lawfully known to the recipient, is independently developed, or must be disclosed by law (with prompt notice to the other party where lawful). These obligations last during the engagement and for 3 years afterwards, and for trade secrets for as long as they remain trade secrets.
14. Disclaimer of warranties
To the fullest extent permitted by law, the Site, the free diagnosis and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. Any warranties for paid services are only those expressly stated in an Order.
15. Limitation of liability
To the fullest extent permitted by law: (a) MAD Lion Digital and its owners, officers, employees, contractors and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or patients, even if advised of the possibility; and (b) our total liability for all claims arising out of or relating to the Site, this Agreement or our services will not exceed the greater of (i) the fees you paid us for the services giving rise to the claim during the 3 months before the event that caused it, or (ii) one hundred U.S. dollars (US$100).
These limits apply to all theories of liability and are an essential part of our pricing. They do not limit liability that cannot be limited by law, such as liability for fraud or willful misconduct.
16. Indemnification
You will defend, indemnify and hold harmless MAD Lion Digital and its owners, officers, employees, contractors and affiliates from and against any claims, damages, losses, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: your use of the Site or services; content, materials, claims or offers you provide or approve; contact lists you provide and the consents behind them; your violation of this Agreement, any Order or any law (including advertising, health care, privacy, CAN-SPAM and TCPA laws); or your infringement of any third party’s rights.
17. Governing law
This Agreement and any dispute relating to it, the Site or our services are governed by the laws of the State of Nevada and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. Dispute resolution and arbitration
Informal resolution first. Before starting any claim, the party with the dispute will send a written notice describing it and the relief sought to the other party (for us, to the address in Section 21), and both parties will try in good faith to resolve it for 30 days.
Binding arbitration. If the dispute is not resolved, it will be decided by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, in Las Vegas, Nevada (or by video conference if both parties agree). Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek a temporary injunction or other equitable relief in court to protect its intellectual property or confidential information. We may also bring a court action to collect unpaid fees.
Class action and jury waiver. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. Each party waives any right to a jury trial.
Venue. For any matter allowed to proceed in court, the parties agree to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.
Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.
19. Termination
We may suspend or end your access to the Site at any time if we believe you have violated this Agreement. Termination of services is governed by the applicable Order. Sections that by their nature should survive termination will survive, including Sections 5 to 8 and 10 to 20.
20. General terms
- Changes. We may update this Agreement by posting a new version on this page and changing the “Last updated” date. Material changes take effect 15 days after posting, or immediately for new users. Continued use of the Site after changes take effect means you accept them. Changes do not affect an Order already signed unless both parties agree in writing.
- Entire agreement. This Agreement, our Privacy Policy and any Orders are the entire agreement between us about their subject and replace prior discussions on that subject.
- Order of precedence. If there is a conflict: a signed BAA controls for PHI, then the Order, then this Agreement.
- Severability. If any part of this Agreement is found unenforceable, it will be enforced to the maximum extent possible, and the rest will remain in effect.
- No waiver. Our failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign this Agreement without our written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of internet, hosting or platform providers, government actions, labor disputes or pandemics, except for payment obligations.
- Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.
- Electronic communications. You agree that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing.
- Language. If we provide a translation of this Agreement, the English version controls.
- Headings. Headings are for convenience only.
21. Contact us
MAD Lion Digital (Matheu Industries LLC)Attn: Legal
555 E Silverado Ranch Blvd., Las Vegas, NV 89183, USA
Email: info@madliondigital.com
Phone: +1 (702) 234-0505