Desert Commerce Terms of Service

Desert Commerce LLC

Phone: 808-698-6004

Address: 4309 Wendy Court, Monrovia, MD 21770, United States

1. Agreement to Terms

These Terms of Service govern your use of the website, services, communications, and digital marketing systems provided by Desert Commerce LLC.

By using our website, requesting information, submitting a form, booking a call, purchasing services, or communicating with us, you agree to these Terms. If you do not agree to these Terms, you should not use our website or services.

2. Description of Services

Desert Commerce LLC provides websites and digital marketing systems for small local businesses.

Our services may include website design, landing pages, funnels, customer relationship management setup, marketing automation, missed call text-back systems, review request systems, customer reactivation campaigns, call tracking, email marketing, SMS messaging, voicemail drops, analytics setup, advertising support, and related digital marketing services.

We use GoHighLevel to manage customer information, communications, funnels, forms, automations, email, phone calls, voicemail, call tracking, recorded calls, and SMS communications. We may also use third-party tools such as Stripe, Google Analytics, Google Ads, Meta Pixel, and Meta advertising tools.

3. User Responsibilities

You agree to provide accurate and complete information when communicating with us, submitting forms, booking appointments, or purchasing services.

You are responsible for reviewing any information, copy, images, offers, claims, and business details you provide to us. You are also responsible for ensuring that your own business practices, advertising claims, offers, and customer communications comply with applicable laws and regulations.

You agree not to misuse our website, systems, forms, communications, or services.

4. Acceptable Use

You may not use our website or services to:

Violate any law, regulation, or third-party right.

Send false, misleading, deceptive, or unlawful content.

Upload malicious software, spam, or harmful code.

Interfere with the security or operation of our website or systems.

Use our services for harassment, fraud, abuse, or unlawful marketing.

Attempt to gain unauthorized access to our systems or accounts.

Use SMS, email, voicemail, or call systems without proper consent from recipients.

If you use our services to communicate with your own customers or leads, you are responsible for obtaining all required consents and honoring opt-out requests.

5. Communications Consent

By submitting your contact information to Desert Commerce LLC, you agree that we may contact you by email, phone call, voicemail, or text message regarding your inquiry, appointment, account, services, or marketing-related communications.

Consent is required before we send SMS messages. You may opt out of SMS communications at any time as described in the Text Messaging Program Terms below.

6. Text Messaging Program Terms

Desert Commerce LLC provides websites and digital marketing systems for small local businesses. When you opt in to receive text messages from Desert Commerce LLC, you may receive messages related to appointment reminders, confirmations, service updates, follow-ups, customer support, review requests, marketing messages, and responses to your inquiries.

You can cancel the SMS service at any time. Just text "STOP" to 808-698-6004. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you.

You will receive messages on an appointment-based and as-needed basis, which may include periodic follow-ups or marketing messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://desertcommerce.io/privacy-policy

7. Payments and Billing

Some services may require payment of setup fees, monthly fees, usage fees, advertising costs, software costs, messaging costs, or other agreed charges.

Payment terms will be described in the applicable proposal, invoice, checkout page, agreement, or service order. By purchasing services, you agree to pay all applicable fees when due.

Payments may be processed through third-party payment providers such as Stripe. We do not control the payment processor’s systems and are not responsible for payment processor errors, outages, or policies.

Unless otherwise stated in writing, fees already paid are not automatically refundable. Any refunds, guarantees, free trials, cancellations, or service credits must be stated in a separate written agreement or offer.

You are responsible for any advertising spend, third-party platform fees, SMS usage costs, call usage costs, domain costs, hosting costs, software subscriptions, or other external costs related to your services.

8. Intellectual Property

The Desert Commerce LLC name, website, branding, content, designs, processes, systems, templates, copy, graphics, layouts, videos, and other materials are owned by Desert Commerce LLC or its licensors unless otherwise stated.

You may not copy, reproduce, sell, distribute, or misuse our intellectual property without written permission.

If we create custom website content, marketing materials, automations, or other deliverables for you, ownership and usage rights will be governed by the applicable proposal, invoice, contract, or written agreement.

You retain ownership of business information, logos, images, customer information, and other materials you provide to us, but you grant us permission to use those materials as needed to provide services.

9. Third-Party Platforms

Our services may depend on third-party platforms, including GoHighLevel, Stripe, Google, Meta, phone providers, email providers, SMS providers, analytics tools, advertising platforms, and other software providers.

We are not responsible for outages, errors, pricing changes, account suspensions, policy changes, delivery failures, approval delays, or technical issues caused by third-party platforms.

Your use of third-party platforms may be subject to their own terms, policies, fees, and compliance requirements.

10. Marketing and Performance Disclaimers

We work to provide useful, professional, and practical digital marketing systems. However, we do not guarantee specific business results.

We do not guarantee search engine rankings, advertising performance, lead volume, revenue, appointment bookings, customer responses, review counts, conversion rates, or approval by any third-party platform.

Marketing results can depend on many factors outside our control, including your market, offer, pricing, reputation, response time, competition, advertising budget, customer demand, platform rules, and follow-up process.

11. Call Recording and Communication Tools

Our systems may include call tracking, call recording, voicemail, email, SMS, and other communication tools.

Where applicable, call recording and communication features must be used in compliance with all relevant laws and consent requirements. You are responsible for ensuring that your use of recorded calls, customer communications, and contact information complies with applicable laws in your jurisdiction.

12. Privacy

Your use of our website and services is also governed by our Privacy Policy, available at:

https://desertcommerce.io/privacy-policy

The Privacy Policy explains how we collect, use, share, and protect personal information.

13. Disclaimers

Our website and services are provided on an “as available” and “as provided” basis.

We make reasonable efforts to provide professional services, but we do not promise that our website, systems, automations, communications, integrations, or third-party tools will always be uninterrupted, error-free, secure, or available.

We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the fullest extent permitted by law, Desert Commerce LLC will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, lost business opportunities, advertising losses, platform suspensions, or reputational harm.

To the fullest extent permitted by law, our total liability for any claim related to our website, services, or communications will not exceed the amount you paid to Desert Commerce LLC for the specific service giving rise to the claim during the three months before the claim arose.

15. Indemnification

You agree to defend, indemnify, and hold harmless Desert Commerce LLC, its owners, employees, contractors, vendors, and service providers from any claims, damages, losses, liabilities, costs, or expenses arising from:

Your use of our website or services.

Your violation of these Terms.

Your violation of any law or regulation.

Your business practices, advertising claims, offers, products, or services.

Your use of SMS, email, phone, voicemail, call tracking, or marketing systems.

Your failure to obtain proper consent from customers, leads, or contacts.

Content, data, images, claims, or materials you provide to us.

16. Termination

We may suspend or terminate your access to our services if you violate these Terms, fail to pay required fees, misuse our systems, violate applicable law, or use our services in a way that creates legal, technical, operational, or reputational risk.

You may stop using our services at any time, subject to any payment, cancellation, or contract terms in your applicable service agreement.

Termination does not remove obligations that accrued before termination, including payment obligations, confidentiality obligations, intellectual property restrictions, indemnification obligations, and limitations of liability.

17. Governing Law

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

Any disputes related to these Terms, our website, or our services will be handled in the appropriate courts located in Maryland, unless another dispute resolution process is required by a separate written agreement.

18. Changes to Terms

We may update these Terms from time to time. When we update these Terms, we will revise the “Last Updated” date.

Your continued use of our website or services after changes are posted means you accept the updated Terms.

19. Contact Information

If you have questions about these Terms, you may contact us at:

Desert Commerce LLC

4309 Wendy Court

Monrovia, MD 21770

United States

Email: [email protected]

Phone: 808-698-6004

Website: https://desertcommerce.io

Last Updated: May 7, 2026