Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Stick & Tin LLC ("Company," "we," "our," or "us") governing your access to and use of our websites (rv.marketing and stickandtin.com), services, and marketing systems.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Services Description

Stick & Tin LLC provides comprehensive marketing services for RV dealerships, including but not limited to:

• Digital advertising (Google Ads, Facebook Ads, programmatic advertising)
• Analytics and reporting (GA4 audits, performance tracking)
• Artificial intelligence and automation (Retargit AI, lead scoring)
• Email marketing and conquest campaigns
• Social media management and YouTube advertising
• BDC (Business Development Center) support
• Sales training and consulting
• CRM implementation (Hitch CRM)
• Website development and optimization

Specific services, deliverables, pricing, and terms will be outlined in individual service agreements or statements of work.

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal authority to enter into contracts on behalf of your business to use our services. By registering for an account or engaging our services, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You have the authority to bind your organization to these Terms
• You will maintain the security of your account credentials
• You will promptly update any changes to your account information
• You are not prohibited from using our services under applicable law

4. AI and Automated Systems

4.1 Use of Artificial Intelligence

Our services utilize artificial intelligence, machine learning, and automated systems to optimize marketing performance, identify leads, and personalize communications. By using our services, you acknowledge and agree that:

• AI systems may analyze your data and customer interactions
• Automated decisions may be made regarding lead scoring and qualification
• AI-generated content may be used in marketing materials
• Machine learning algorithms may adapt based on performance data
• Automated systems may contact leads on your behalf

4.2 Automated Contact and Communication

You authorize us to use automated systems (including AI, chatbots, and automated dialers) to contact your leads and customers via email, phone, text message, or other channels. You represent and warrant that:

• You have obtained proper consent from individuals to be contacted
• You comply with all applicable laws (TCPA, CAN-SPAM, GDPR, etc.)
• You will not use our systems to send spam or unsolicited communications
• You are responsible for maintaining opt-out and do-not-contact lists

4.3 AI Accuracy and Limitations

While we strive for accuracy, AI and automated systems are not perfect. We do not guarantee that AI-generated content, lead scores, or automated decisions will be error-free or achieve specific results. You are responsible for reviewing and approving AI-generated content before publication.

5. SMS/Text Messaging Terms

5.1 Consent to Text Messages

By providing your phone number and opting in, you consent to receive text messages (SMS/MMS) from Stick & Tin LLC and its services, including RV Fetch. You agree that:

• Message frequency varies based on your activity and preferences
• Standard message and data rates may apply from your carrier
• You are responsible for all charges from your mobile carrier
• We are not liable for delayed or undelivered messages
• Carriers are not liable for delayed or undelivered messages

5.2 RV Fetch Text Messaging

RV Fetch is a service owned and operated by Stick & Tin LLC. When you provide your mobile number and consent to receive texts from RV Fetch, we collect your number to send the RV listing details you requested and related service messages. No mobile information or SMS opt-in data will be shared with or sold to third parties or affiliates for marketing or promotional purposes. We may share it only with subcontractors who help deliver the messaging service (for example, our SMS provider), and they are prohibited from using it for any other purpose.

5.3 Opt-Out and Help

You may opt out of text messages at any time by replying STOP to any message or texting STOP to (406) 380-4711. For help, reply HELP or contact us at info@stickandtin.com.

5.4 No Sharing of SMS Opt-In Data

We do not share, sell, rent, or disclose your SMS opt-in consent, phone number, or any mobile messaging data to any third parties or affiliates for their own marketing or promotional purposes. The only exception is sharing with service providers (such as our SMS platform provider) who are contractually required to use this data solely to deliver messages on our behalf and for no other purpose.

5.5 A2P Compliance

We comply with all applicable A2P (Application-to-Person) 10DLC regulations, TCPA requirements, and carrier guidelines. We maintain proper campaign registration, brand verification, and consent records as required by carriers and regulatory bodies. By using our SMS services, you agree to comply with all applicable laws and regulations.

5.6 SMS Messaging Program Terms

6. Client Responsibilities

As a client of Stick & Tin LLC, you agree to:

• Provide accurate and timely information necessary for service delivery
• Grant necessary access to advertising accounts, analytics, and systems
• Review and approve marketing materials before launch (when applicable)
• Comply with all applicable laws, regulations, and industry standards
• Maintain proper licensing and permissions for content you provide
• Respond promptly to requests for information or approvals
• Pay all fees and charges in accordance with your service agreement
• Not use our services for illegal, fraudulent, or harmful purposes

7. Payment Terms

7.1 Fees and Billing

Fees for services will be specified in your service agreement or statement of work. Unless otherwise agreed:

• Fees are billed monthly in advance or as specified in your agreement
• Payment is due within the timeframe specified in your invoice
• Late payments may incur interest charges and service suspension
• All fees are non-refundable unless otherwise stated
• You are responsible for all taxes, fees, and charges related to your use of services

7.2 Advertising Spend

For advertising services (Google Ads, Facebook Ads, etc.), you are responsible for all advertising spend in addition to our management fees. Advertising budgets and spend limits will be agreed upon in advance. We are not liable for unauthorized charges or budget overruns caused by platform errors or third-party issues.

7.3 Price Changes

We reserve the right to change our pricing with 30 days' notice. Continued use of services after a price change constitutes acceptance of the new pricing.

8. Intellectual Property

8.1 Our Intellectual Property

All content, software, designs, graphics, logos, trademarks, and materials on our websites and in our services are the property of Stick & Tin LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, or distribute our intellectual property without written permission.

8.2 Client Content and Data

You retain ownership of all content, data, and materials you provide to us ("Client Content"). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content solely for the purpose of providing services to you.

8.3 Work Product

Unless otherwise agreed in writing, you own the final deliverables created specifically for you (e.g., custom graphics, ad copy, reports). We retain ownership of our methodologies, templates, tools, and proprietary systems. You may not resell, redistribute, or use our work product to provide services to third parties without written permission.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This includes but is not limited to business strategies, customer data, pricing information, and trade secrets. Confidential information may not be disclosed to third parties without prior written consent, except as required by law.

10. Data Protection and Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you agree to our Privacy Policy and consent to our data practices.

You are responsible for ensuring that any data you provide to us or collect through our services complies with all applicable privacy laws and regulations (GDPR, CCPA, etc.).

11. Term and Termination

11.1 Service Term

The term of service will be specified in your service agreement. Unless otherwise stated, services are provided on a month-to-month basis and may be terminated by either party with 30 days' written notice.

11.2 Termination for Cause

We may suspend or terminate your access to services immediately if you:

• Violate these Terms or any applicable laws
• Fail to pay fees when due
• Engage in fraudulent or harmful activities
• Provide false or misleading information
• Use our services in a way that harms us or third parties

11.3 Effect of Termination

Upon termination:

• You must pay all outstanding fees and charges
• We will cease providing services
• You will lose access to our systems and platforms
• We may delete your data after a reasonable transition period
• Provisions regarding confidentiality, intellectual property, and liability survive termination

12. Warranties and Disclaimers

12.1 Service Warranty

We warrant that we will provide services in a professional and workmanlike manner consistent with industry standards. However, we do not guarantee specific results, leads, sales, or ROI from our marketing services. Marketing performance depends on many factors outside our control, including market conditions, competition, product quality, and pricing.

12.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for errors, interruptions, or failures caused by third-party platforms (Google, Facebook, etc.) or circumstances beyond our reasonable control.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STICK & TIN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Stick & Tin LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your use of our services
• Client Content you provide to us
• Your marketing practices or customer communications
• Any third-party claims related to your use of our services

15. Dispute Resolution

15.1 Informal Resolution

If a dispute arises, you agree to first contact us at info@stickandtin.com to attempt to resolve the issue informally. We will work in good faith to resolve disputes amicably.

15.2 Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

15.3 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law principles. Any legal action or proceeding (to the extent not subject to arbitration) shall be brought exclusively in the state or federal courts located in Montana.

17. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or third-party platform failures.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements or statements of work, constitute the entire agreement between you and Stick & Tin LLC regarding your use of our services and supersede all prior agreements, understandings, and communications.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date or by sending you an email. Your continued use of our services after changes constitutes acceptance of the updated Terms.

If you do not agree to the modified Terms, you must discontinue use of our services.

21. Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.

22. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.

23. Contact Information

If you have questions about these Terms of Service, please contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.