Terms of Service
Last Modified: May 28, 2026
1. Agreement to These Terms
These Terms of Service (“Terms”) are a legal agreement between The Lyon Brand LLC, a Utah limited liability company (“The Lyon Brand,” “we,” “us,” or “our”), and the individual or entity using our website at https://www.thelyonbrand.com (the “Site”) or engaging us for services (“Client” or “you”). By using the Site, requesting a consultation, or signing a separate engagement document with us, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site or our services.
2. Services
The Lyon Brand provides local search engine optimization (SEO) and related digital marketing services for small and local businesses, including Google Business Profile optimization, on-page SEO, local citation building, content production, internal linking, review strategy, and reporting (the “Services”). The specific scope, deliverables, schedule, and fees for your engagement will be set out in a separate written proposal, statement of work, or order form signed or otherwise accepted by you (each, an “Order”). In the event of a conflict between these Terms and a signed Order, the Order controls for that engagement.
3. Engagement Structure
3.1 Project-Based Engagements
A project engagement covers a defined set of deliverables completed within a defined timeline, for a fixed fee stated in the Order. Project work is considered complete when the deliverables described in the Order have been delivered to the Client.
3.2 Monthly Retainer Engagements
A retainer engagement provides ongoing Services on a monthly basis for a fixed monthly fee stated in the Order. Local SEO requires time to produce measurable results. Accordingly, all retainer engagements have a minimum initial term of six (6) months, beginning on the start date stated in the Order (the “Initial Term”). After the Initial Term, the retainer automatically renews on a month-to-month basis until either party terminates it in accordance with Section 13.
4. Fees and Payment
Invoices are issued in advance for retainer engagements and in accordance with the milestones stated in the Order for project engagements.
All invoices are due Net 15 (within fifteen (15) days of the invoice date) unless a different payment schedule is stated in the Order.
All fees are in U.S. dollars and are exclusive of any applicable taxes, which are the Client’s responsibility.
Accepted payment methods include credit card, ACH, and bank transfer. Credit card processing fees, if any, may be added to the invoice.
Late payments accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law, plus reasonable collection costs and attorneys’ fees.
If an invoice is more than ten (10) days past due, we may suspend the Services without further notice until the account is brought current. We are not liable for any loss resulting from a suspension caused by non-payment.
5. Refunds
Fees paid for Services that have already been completed or delivered are non-refundable. For prepaid retainer fees covering Services that have not yet been delivered as of the effective termination date, we will refund the unused, prepaid portion on a pro-rated basis, less any third-party costs already incurred on the Client’s behalf. Setup fees, onboarding fees, and one-time project deposits are non-refundable once work has begun.
6. Client Responsibilities
To deliver the Services effectively, we rely on you to:
Provide timely access to accounts, platforms, and assets we reasonably need, including but not limited to Google Business Profile, Google Search Console, Google Analytics, your website CMS, hosting, domain registrar, and any review platforms.
Provide accurate, complete information about your business, services, locations, and offerings.
Respond to requests for information, approvals, and feedback within a reasonable time (generally within five (5) business days).
Maintain ownership and good standing of your domain, hosting, business listings, and accounts during the engagement.
Comply with all applicable laws and the terms of any third-party platform we use on your behalf, including Google’s Business Profile guidelines.
Delays caused by missing access, missing information, or delayed approvals do not extend the Initial Term, do not entitle the Client to a refund, and may extend our delivery timelines.
7. Intellectual Property
7.1 Deliverables
Upon full payment of all fees due for a given deliverable, we assign to you all rights, title, and interest in the final, client-specific written content and creative deliverables produced for you under the Order (e.g., final website copy, blog posts, GBP post content, photo captions, and similar materials). Until full payment is received, all rights in the deliverables remain with us, and use by the Client is not authorized.
7.2 Our Materials
We retain all rights in our pre-existing materials, internal templates, frameworks, processes, software, scripts, checklists, audit methodologies, and know-how, including any improvements developed during the engagement. To the extent any of our pre-existing materials are embedded in the deliverables, we grant you a perpetual, non-exclusive, worldwide license to use them as part of the deliverables for your business.
7.3 Client Materials
You retain all rights in materials you provide to us (such as logos, photos, brand assets, and existing content). You grant us a non-exclusive license to use, reproduce, and modify those materials as reasonably necessary to deliver the Services.
8. Portfolio and Case Study Rights
We may identify you as a client and use your business name, logo, screenshots of work performed, and anonymized performance results (such as ranking improvements, traffic increases, and lead growth) for portfolio, case study, marketing, and credentialing purposes. We will not disclose your confidential business information, individual customer data, or financial information without your written consent. You may opt out of portfolio use at any time by sending a written request to cole@thelyonbrand.com, and we will remove your information from prospective marketing materials within a reasonable time.
9. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Confidential Information may be used only to perform under these Terms and the applicable Order, and may be disclosed only to employees, contractors, and advisors with a need to know and who are bound by confidentiality obligations at least as protective as these. These obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law (after reasonable notice to the disclosing party where permitted).
10. No Guarantee of Results
SEO outcomes depend on many factors outside of our control, including search engine algorithms, competitor activity, third-party platform policies, your industry, your geography, your existing online presence, and the quality and timeliness of the access and information you provide. We do not guarantee any specific ranking position, traffic volume, conversion rate, lead volume, phone calls, revenue, or any other specific outcome. We will perform the Services with reasonable skill and care and in line with current local SEO best practices.
11. Third-Party Platforms
Our Services rely on third-party platforms, including but not limited to Google Search, Google Business Profile, Google Ads, Meta, Apple Maps, Bing, citation directories, hosting providers, and review platforms. We do not own or control these platforms, and we are not responsible for: (a) changes in their algorithms, ranking factors, features, policies, pricing, availability, or terms of service; (b) suspensions, removals, or penalties imposed by them; (c) downtime or data loss caused by them; or (d) any errors or delays caused by them. We will use reasonable efforts to respond to platform changes as they affect your engagement.
12. Disclaimers and Limitation of Liability
DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE LYON BRAND LLC ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Term and Termination
Project engagements terminate upon delivery of the final deliverables and payment of all fees due.
Retainer engagements continue for the Initial Term (six (6) months) and then renew month-to-month. After the Initial Term, either party may terminate the retainer for any reason on thirty (30) days’ prior written notice to the other party.
Either party may terminate any engagement immediately on written notice if the other party (i) materially breaches these Terms or an Order and fails to cure the breach within ten (10) days of written notice, or (ii) becomes insolvent, files for bankruptcy, or ceases to do business.
On termination, you will pay all fees for Services delivered through the effective termination date, plus any third-party costs already incurred on your behalf. Provisions of these Terms that by their nature should survive termination (including Sections 4, 5, 7, 9, 10, 11, 12, 14, 15, and 16) will survive.
14. Indemnification
You will indemnify, defend, and hold harmless The Lyon Brand and its members, officers, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) content, materials, access credentials, or instructions you provide to us; (b) your products, services, business operations, or website; (c) your breach of these Terms or any Order; or (d) your violation of any applicable law or third-party right.
15. Force Majeure
Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemics, internet or telecommunications outages, or third-party platform outages. The affected party will use reasonable efforts to resume performance as soon as practicable.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal dispute, the parties will first attempt to resolve the matter in good faith for at least thirty (30) days after written notice describing the dispute is delivered to cole@thelyonbrand.com (for claims against us) or to the Client’s primary contact (for claims against the Client).
16.2 Mediation
If the dispute is not resolved through informal discussions, the parties will submit the dispute to non-binding mediation in Salt Lake County, Utah, before a mutually selected mediator. The parties will share the cost of the mediator equally.
16.3 Binding Arbitration
If mediation does not resolve the dispute within sixty (60) days of the mediator being selected, the dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Salt Lake County, Utah. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys’ fees, except that the arbitrator may award fees and costs to the prevailing party where permitted by law.
16.4 No Class Actions
Disputes will be resolved only on an individual basis. The parties waive any right to participate in a class, collective, or representative action against the other.
16.5 Injunctive Relief
Notwithstanding the above, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or other rights pending arbitration.
17. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. Subject to Section 16, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah for any matter not subject to arbitration.
18. General
Independent contractor. We are an independent contractor. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
Assignment. You may not assign or transfer these Terms or any Order without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
Notices. Notices to us must be sent to the email and address in Section 19. Notices to you will be sent to the email or address you have provided to us.
Entire agreement. These Terms, together with any signed Order and our Privacy Policy, are the entire agreement between the parties regarding the Services and supersede any prior or contemporaneous discussions or agreements.
Amendment. We may update these Terms by posting a revised version on the Site. Material changes will be effective when posted. For active engagements, the version of these Terms in effect at the time the Order was signed continues to apply for the duration of that engagement unless the parties agree otherwise in writing.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
Waiver. A party’s failure to enforce any right under these Terms is not a waiver of that right.
Headings. Headings are for convenience only and do not affect interpretation.
19. Contact
The Lyon Brand LLC
347 E 4020 S, Murray, UT 84107
Email: cole@thelyonbrand.com
Website: https://www.thelyonbrand.com
Last Modified: May 28, 2026
