Effective Date: 03-13-26

Company: D. Hess Real Estate Media LLC (DBA Aivory Growth Systems)

Website: https://www.dhessmedia.com/

 

These Terms and Conditions (“Terms”) govern your use of the websites, software, services, marketing systems, automation tools, and communications provided by Aivory Growth Systems LLC (“Aivory,” “Company,” “we,” “our,” or “us”). By accessing or using our services, you agree to be bound by these Terms.If you do not agree to these Terms, you should not use our services.---#

 

1. Services Provided

 

Aivory Growth Systems LLC provides business technology and marketing services including but not limited to:* Marketing automation systems* CRM and funnel integrations* lead generation systems* artificial intelligence integrations* sales and marketing infrastructure* SMS, email, and communication automation* business workflow automation* consulting and implementation servicesServices may be delivered directly by Aivory or through software platforms, integrations, and third-party providers used to operate our systems.---

 

# 2. Eligibility

 

You must be at least **18 years old** to use our services.By using our services, you represent that:* You have the authority to enter into this agreement* Any information you provide is accurate and truthful* You will use our services in compliance with applicable laws---

 

# 3. User Responsibilities

 

When using our services, you agree that you will not:* Use our services for illegal or fraudulent activities* Send unsolicited or unlawful communications* Violate SMS or email marketing regulations* Attempt to gain unauthorized access to our systems* Disrupt or interfere with the operation of our services* Use the services in a manner that could harm our business or reputationClients using Aivory systems to communicate with their own customers are responsible for ensuring that they obtain proper consent before sending communications.---

 

# 4. Communications and SMS Messaging

 

By providing your contact information, you may receive communications from Aivory including:* phone calls* email messages* SMS or text messagesThese communications may include:* responses to inquiries* appointment confirmations* service notifications* marketing messages* customer support responses**Message frequency may vary.**Standard message and data rates may apply depending on your mobile carrier.You may opt out of SMS communications at any time by replying:**STOP**to any text message.For assistance, reply:**HELP**or contact us directly.**Important:** SMS opt-in data and phone numbers collected for SMS communications will **not be sold or shared with third parties for their marketing purposes.**---

 

# 5. Client Compliance Responsibilities

 

Clients using Aivory services to communicate with their own leads or customers agree to:* obtain proper consent before sending marketing messages* comply with applicable laws including TCPA and CAN-SPAM* provide clear opt-out mechanisms in communications* maintain their own privacy policies when requiredAivory is not responsible for client misuse of messaging or marketing systems.---

 

# 6. Payments and Fees

 

Certain services provided by Aivory may require payment.Payment terms may include:* subscription fees* setup fees* consulting fees* usage-based fees* third-party software costsPayment terms will be specified in client agreements or invoices.Failure to make payments may result in suspension or termination of services.---

 

# 7. Third-Party Services

 

Aivory services may rely on third-party software providers, platforms, and infrastructure.These may include:* messaging providers* CRM platforms* automation tools* analytics services* hosting servicesYour use of these integrated services may also be subject to the terms and policies of those third parties.Aivory is not responsible for the availability or policies of third-party providers.---

 

# 8. Intellectual Property

 

All content, software systems, documentation, and materials provided by Aivory remain the intellectual property of Aivory Growth Systems LLC unless otherwise stated.Users may not:* copy or reproduce proprietary systems* distribute proprietary materials* reverse engineer software systems* resell services without authorizationClients retain ownership of their own business data and customer lists.---

 

# 9. Data and Privacy

 

Your use of our services is also governed by our **Privacy Policy**, which explains how we collect, use, and protect your information.By using our services, you acknowledge that you have read and agree to our Privacy Policy.---

 

# 10. Service Availability

 

While we strive to provide reliable services, we do not guarantee uninterrupted operation.Services may be affected by:* system maintenance* third-party outages* network issues* technical failuresAivory is not liable for temporary service disruptions outside of our control.---

 

# 11. Limitation of Liability

 

To the maximum extent permitted by law, Aivory Growth Systems LLC shall not be liable for:* indirect damages* lost profits* lost business opportunities* data loss* consequential damages arising from use of our servicesOur total liability for any claim related to our services shall not exceed the amount paid for services in the preceding twelve months.---

 

# 12. Indemnification

 

You agree to indemnify and hold harmless Aivory Growth Systems LLC and its affiliates from any claims, damages, losses, or expenses arising from:* your misuse of our services* violation of these Terms* violation of applicable laws or regulations---

 

# 13. Termination

 

We reserve the right to suspend or terminate access to our services if:* these Terms are violated* services are used unlawfully* payment obligations are not metUsers may discontinue use of our services at any time.---

 

# 14. Modifications to Terms

 

Aivory may update these Terms from time to time.When updates occur, the revised Terms will be posted on our website with an updated effective date.Continued use of our services constitutes acceptance of the revised Terms.---

 

# 15. Governing Law

 

These Terms shall be governed by and interpreted under the laws of the United States and the state in which Aivory Growth Systems LLC is registered, without regard to conflict of law principles.---

 

# 16. Contact Information

 

If you have questions regarding these Terms and Conditions, please contact us:

 

D. Hess Real Estate Media LLC (DBA Aivory Growth Systems)

 

Email: aivorygrowthsystems@gmail.com

 

Website: https://www.dhessmedia.com/

 

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