Terms of Use

Effective Date: July 2, 2026
Last Updated: July 2, 2026

Welcome to Webtivity Marketing & Design (“Webtivity,” “Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website located at https://www.webtivitydesigns.com (“Website”).

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Website.


1. Use of the Website

You may use this Website only for lawful purposes and in accordance with these Terms.

You agree not to:

  • Use the Website in violation of any applicable law or regulation.
  • Attempt to gain unauthorized access to any part of the Website, servers, or networks.
  • Interfere with or disrupt the Website or its security features.
  • Upload or transmit viruses, malware, ransomware, or other harmful code.
  • Collect or harvest personal information from other users without authorization.
  • Use automated tools, bots, spiders, or scraping technologies that impose an unreasonable burden on our systems or violate applicable law.
  • Misrepresent your identity or affiliation with any individual or organization.
  • Use the Website in any manner that could damage, disable, or impair its operation.

We reserve the right to suspend or terminate access to users who violate these Terms.


2. Services

Information provided on this Website is for general informational purposes only and does not constitute a binding offer to provide services.

Marketing strategies, pricing, project timelines, and service availability may change without notice.

Separate written agreements govern client engagements and professional services.


3. Intellectual Property

Unless otherwise noted, all content on this Website—including but not limited to:

  • Text
  • Graphics
  • Logos
  • Icons
  • Images
  • Videos
  • Audio
  • Website design
  • Source code
  • Layout
  • Software
  • Downloads
  • Marketing materials
  • Blog articles

is owned by or licensed to Webtivity Marketing & Design and is protected under applicable copyright, trademark, and intellectual property laws.

No content may be copied, reproduced, modified, republished, distributed, displayed, sold, licensed, or otherwise used without our prior written permission, except as permitted by applicable law.


4. User Submissions

If you submit information through forms, email, chat, or other communications, you represent that:

  • The information is accurate.
  • You have the right to provide it.
  • It does not violate the rights of any third party.

By submitting information, you grant Webtivity a non-exclusive, royalty-free license to use that information solely as necessary to respond to your inquiry, provide requested services, or improve our business operations.


5. Client Content

Clients retain ownership of the materials they provide to Webtivity, including trademarks, logos, photographs, videos, written content, and other intellectual property.

Clients represent that they have the legal rights necessary for Webtivity to use such materials in performing contracted services.


6. AI-Assisted Services

Webtivity may use artificial intelligence (“AI”) tools to assist with content development, research, workflow automation, analytics, reporting, and other marketing functions.

AI-generated content is reviewed by our team before delivery whenever reasonably practical. However, clients remain responsible for reviewing and approving all final deliverables before publication.


7. Third-Party Websites

Our Website may contain links to third-party websites, applications, software, or services.

These links are provided solely for convenience.

We do not control or endorse third-party websites and are not responsible for their content, privacy practices, availability, or security.

Access to third-party websites is at your own risk.


8. Disclaimer of Warranties

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBTIVITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY
  • COMPLETENESS
  • RELIABILITY
  • AVAILABILITY
  • SECURITY

We do not guarantee that:

  • The Website will operate without interruption.
  • The Website will always be error-free.
  • Defects will be corrected immediately.
  • The Website is free from viruses or harmful components.
  • Information published on the Website will always be current or complete.

9. Limitation of Liability

To the fullest extent permitted by law, Webtivity Marketing & Design, its owners, employees, contractors, affiliates, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to:

  • Your use of the Website
  • Inability to access the Website
  • Errors or omissions in Website content
  • Reliance upon Website information
  • Third-party websites
  • Unauthorized access to information
  • Loss of business, profits, data, goodwill, or reputation

Where liability cannot legally be excluded, our liability shall be limited to the maximum extent permitted by applicable law.


10. Indemnification

You agree to defend, indemnify, and hold harmless Webtivity Marketing & Design, its officers, directors, employees, contractors, affiliates, successors, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of:

  • Your violation of these Terms.
  • Your misuse of the Website.
  • Your violation of any applicable law.
  • Your infringement of any third-party rights.

11. Privacy

Your use of this Website is also governed by our Privacy Policy and Cookie Policy, which explain how we collect, use, disclose, and protect your information.


12. Accessibility

Webtivity strives to make this Website accessible to as many users as possible and continually works to improve accessibility.

If you experience difficulty accessing any part of this Website, please contact us so we can assist you and improve accessibility.


13. Electronic Communications

By contacting Webtivity through this Website, email, online forms, or other electronic means, you consent to receive electronic communications related to your inquiry, account, or requested services.


14. Changes to the Website

We reserve the right to:

  • Modify the Website
  • Update content
  • Suspend features
  • Remove functionality
  • Discontinue portions of the Website

at any time without prior notice.


15. Changes to These Terms

We may revise these Terms from time to time.

The updated version will be posted on this page with a revised Effective Date.

Continued use of the Website after changes become effective constitutes acceptance of the revised Terms.


16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.


17. Venue

Any legal action arising from these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Manatee County, Florida, or another court of competent jurisdiction in the State of Florida, unless otherwise required by applicable law.


18. Severability

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


19. Waiver

Failure by Webtivity to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.


20. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement regarding your use of this Website and supersede any prior understandings relating to such use.

Separate written agreements govern client services and take precedence over these Terms where applicable.


21. Contact Information

If you have any questions regarding these Terms of Use, please contact us:

Webtivity Marketing & Design
138 Pinellas Way North
St. Petersburg, FL 33710

Phone: (941) 753-7574
Email: marketing@webtivitydesigns.com
Website: https://www.webtivitydesigns.com