1. Agreement to Terms
These Terms of Use (the "Terms") form a binding legal agreement between you ("you" or "User") and FlameGrower™ LLC, a Texas limited liability company with its principal place of business in Houston, Texas ("FlameGrower," "we," "us," or "our"), governing your access to and use of the website located at flamegrower.com (the "Site") and any content, features, communications, downloads, lead-magnet resources, newsletters, or scheduling tools made available through the Site (collectively, the "Services").
By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site or Services.
2. Eligibility
You must be at least 18 years of age and legally able to enter into binding contracts to use the Site. By using the Site, you represent and warrant that you meet these requirements.
3. Services Described on the Site
The Site describes services FlameGrower offers, including but not limited to marketing automation, website design and development, and managed hosting. Descriptions, features, pricing examples, timelines, and any "free audit" offer are marketing communications, not binding offers. An engagement is formed only upon execution of a separate written agreement between FlameGrower and the client.
Pricing referenced on the Site (including the $499 setup + $59/month figure for marketing automation) is current at the Effective Date and is subject to change without notice. Web design and hosting services are quoted individually after a strategy call.
4. Intellectual Property
4.1 Our Intellectual Property
All content on the Site, including text, graphics, logos, photographs, icons, illustrations, code, layouts, design elements, case studies, blog posts, downloadable resources, and the FlameGrower™ name and brand identity, is owned by FlameGrower LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws.
FlameGrower™ is a trademark of FlameGrower LLC. TheWebpageSite™ is a trademark of FlameGrower LLC. You may not use our trademarks, brand names, or logos without our prior written consent.
4.2 Limited License to Use the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial informational purposes. You may not:
- Copy, reproduce, modify, distribute, sell, license, or otherwise exploit any content on the Site for commercial purposes without our prior written consent;
- Use any data-mining, robot, scraper, or similar automated extraction method on the Site (except for legitimate search-engine indexing);
- Frame, deep-link, or mirror any part of the Site without our written permission;
- Reverse-engineer or attempt to derive the source code of any software used to deliver the Site;
- Remove or alter any copyright, trademark, or other proprietary notices.
4.3 Your Content
If you submit content to FlameGrower through the Site (including audit requests, form submissions, scheduling-tool intake responses, newsletter replies, or testimonials), you grant FlameGrower a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, store, and display that content for the purpose of providing and improving the Services and our marketing. You represent that you have the right to grant this license and that your content does not violate any third-party rights or applicable law.
5. Acceptable Use
You agree not to use the Site or Services to:
- Violate any applicable law, regulation, or third-party right;
- Transmit any content that is unlawful, defamatory, harassing, threatening, obscene, fraudulent, or otherwise objectionable;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Distribute viruses, malware, or other harmful code;
- Interfere with or disrupt the Site's operation, security, or other users' use of the Site;
- Attempt to gain unauthorized access to any portion of the Site, its servers, or any related systems.
6. Third-Party Services and Links
The Site may link to or embed third-party services (including without limitation Cloudflare, CalendarHero, Formspree, Mautic, Google Analytics, Unsplash, n8n, and social-media platforms such as Facebook, LinkedIn, and YouTube). FlameGrower is not responsible for the availability, accuracy, content, products, services, or terms of any third party. Your interactions with third parties are at your own risk and subject to the terms and privacy policies of those third parties.
The Site references and links to HTown Handshakes and TheWebpageSite™, which are separate brands operated by Edward Ferguson and FlameGrower LLC. Engagement with those properties is governed by their own terms.
7. Disclaimer of Warranties
THE SITE, ITS CONTENT, AND ANY SERVICES OR INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
FlameGrower does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses. Any reliance on Site content (including case-study metrics, audit findings, blog content, and pricing examples) is at your own risk. Past client results do not guarantee future outcomes.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLAMEGROWER, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLAMEGROWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THE FOREGOING LIMITATION IS NOT ENFORCEABLE UNDER APPLICABLE LAW, FLAMEGROWER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless FlameGrower LLC and its members, officers, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any content you submit to FlameGrower through the Site.
10. Governing Law and Venue
These Terms and any dispute arising out of or related to them or your use of the Site or Services are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. You and FlameGrower agree that any judicial action shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.
11. Dispute Resolution
Before initiating any formal legal proceeding, you agree to first contact FlameGrower in writing at hello@flamegrower.com with a description of the dispute. The parties shall negotiate in good faith to resolve the matter for a period of no less than thirty (30) days from the date of the written notice. This good-faith negotiation period is a condition precedent to filing any legal action, except for claims seeking injunctive or equitable relief.
12. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. Upon termination, your right to access the Site immediately ceases. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — shall survive.
13. Modifications to the Terms
We may revise these Terms from time to time. When we do, we will update the "Effective Date" at the top of this page. Material changes will be communicated through the Site or by email to active clients. Your continued use of the Site after a revision constitutes your acceptance of the updated Terms.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.
15. No Waiver
FlameGrower's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of FlameGrower.
16. Entire Agreement
These Terms, together with our Privacy Policy and any separate written agreement you may sign with FlameGrower for paid services, constitute the entire agreement between you and FlameGrower regarding your use of the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
17. Contact
Questions or notices under these Terms should be sent to:
FlameGrower™ LLC
Attn: Legal
1300 W 19th St #7042
Houston, TX 77008
Email: hello@flamegrower.com
Phone: (888) 874-4988