1. Acceptance
By accessing or using torianmedia.com (the "Site"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Site.
2. Informational nature of the Site
The Site provides general information about Torian Media and the services we offer. Content on the Site is for informational purposes and does not constitute professional, legal, financial, or marketing advice.
3. Services
Torian Media offers defined-scope visibility and optimization services for local businesses, including a one-time project referred to as the Google Maps Makeover. Specific deliverables, timelines, and fees are set out in a separate written service agreement between Torian Media and each client.
4. No guarantee of results
Torian Media does not control third party search engines, maps, directories, artificial intelligence platforms, algorithms, policies, users, competitors, or market conditions. Torian Media does not guarantee rankings, placement, indexing, inclusion in AI generated responses, impressions, website traffic, calls, leads, reviews, customers, sales, revenue, profitability, or any other particular result.
5. Third party platforms
References to Google, Google Maps, OpenAI, ChatGPT, Microsoft, Bing, Apple, and other third-party platforms are descriptive only. Torian Media is independent and is not affiliated with, endorsed by, sponsored by, or an authorized representative of these platforms. Third party platforms may change their policies, features, and algorithms at any time, which may affect visibility outcomes.
6. Free audit limitations
The free visibility audit is a preliminary informational assessment based on publicly available information. It may not identify every issue or opportunity, is provided without warranty, and does not create any obligation to provide additional services or guarantee any particular result.
7. No client relationship
Use of this Site, submission of a form, receipt of a free audit, or communication with Torian Media does not create a client, partnership, fiduciary, agency, employment, or joint venture relationship. A client relationship begins only after the parties accept a separate written service agreement.
8. User submissions
Information you submit through the Site must be accurate and lawful. You are responsible for the accuracy of information about your business. You grant Torian Media a limited right to use the information you submit for the purpose of responding to your request and providing services.
9. Intellectual property
The Site and its original content, design, and code are owned by Torian Media and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from the Site without prior written permission, except for personal, non-commercial browsing.
10. Acceptable use
You agree not to use the Site to submit false or misleading information, transmit malicious code, attempt to gain unauthorized access, scrape or overload the Site, or use the Site in violation of any applicable law.
11. Third party links
The Site may contain links to third-party websites or services. Torian Media does not control and is not responsible for the content, policies, or practices of any third party.
12. Disclaimer of warranties
The Site and the free audit are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.
13. Limitation of liability
To the maximum extent permitted by law, Torian Media will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, or business opportunities, arising out of or related to your use of the Site or the free audit. Torian Media's total liability for any claim arising out of or related to the Site or the free audit will not exceed one hundred U.S. dollars (USD 100).
14. Indemnification
You agree to indemnify and hold harmless Torian Media from and against reasonable third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site or your violation of these Terms.
15. Termination
Torian Media may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms.
16. Changes to the Terms
Torian Media may update these Terms from time to time. Updates take effect when the revised Terms are posted to this page with an updated effective date. Your continued use of the Site after an update constitutes acceptance of the revised Terms.
17. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. The state and federal courts located in California will have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Site, except where prohibited by applicable law.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
19. Contact
Questions about these Terms can be sent to carson@torianmedia.com.