CACTUS SKY DIGITAL TERMS OF USE

Effective Date: June 24, 2026

Acceptance of Terms

Welcome to Cactus Sky Digital (“Cactus Sky,” “Company,” “we,” “our,” or “us”).

By accessing, browsing, using, submitting information through, or interacting with this website, our services, communications, software, content, webinars, events, or marketing programs, you agree to be bound by these Terms of Use and our Privacy Policy.

If you do not agree to these Terms, you should not access or use this website or our services.

About Cactus Sky Digital

Cactus Sky Digital provides marketing, advertising, email marketing, SMS marketing, lead generation, event marketing, content development, consulting, website development, digital advertising, database marketing, conference marketing, training, and related business services.

We reserve the right to modify, suspend, discontinue, or update any service without prior notice.

User Eligibility

By using this website, you represent that:

  • You are at least 18 years of age.
  • You have authority to act on behalf of your company when applicable.
  • All information submitted is accurate and current.
  • You will comply with all applicable laws and regulations.

Communications Consent

By submitting your information through this website, you expressly consent to receive communications from Cactus Sky Digital, including:

  • Email communications
  • Telephone calls
  • SMS text messages
  • Automated communications
  • Artificial intelligence-assisted communications
  • Webinar notifications
  • Event invitations
  • Marketing communications
  • Educational content
  • Service announcements

Message frequency varies.

Message and data rates may apply.

Consent is not a condition of purchase.

You may opt out of email communications through unsubscribe links and SMS communications by replying STOP.

Artificial Intelligence and Automated Technologies

Cactus Sky Digital may utilize artificial intelligence, automation systems, machine learning technologies, conversational assistants, chatbots, automated workflows, and related technologies to provide services and communications.

Users acknowledge that certain communications, recommendations, reports, content, and responses may be generated or assisted by automated technologies.

While we strive for accuracy, users are responsible for independently evaluating recommendations and business decisions.

Intellectual Property Rights

All content on this website is owned by or licensed to Cactus Sky Digital and is protected by applicable intellectual property laws.

This includes:

  • Text
  • Graphics
  • Logos
  • Images
  • Videos
  • Marketing materials
  • Email campaigns
  • Website designs
  • Training materials
  • Presentations
  • Databases
  • Software
  • Proprietary methodologies
  • AI-generated content
  • Trademarks and service marks

No content may be copied, reproduced, republished, modified, distributed, sold, licensed, or exploited without prior written permission.

User Submissions

By submitting content, comments, reviews, files, photographs, videos, ideas, suggestions, or other materials to Cactus Sky Digital, you grant us a worldwide, perpetual, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, display, and create derivative works from such content as necessary to provide services and conduct business operations.

Acceptable Use

You agree not to:

  • Violate any law or regulation
  • Attempt unauthorized access to systems
  • Interfere with website operations
  • Distribute malware or malicious code
  • Scrape website content
  • Infringe upon intellectual property rights
  • Misrepresent your identity
  • Use the website for unlawful marketing activities

Third-Party Websites and Services

This website may contain links to third-party websites and services.

Cactus Sky Digital does not control and is not responsible for:

  • Third-party content
  • Privacy practices
  • Security practices
  • Products or services offered by third parties

Your interactions with third-party providers are solely between you and the provider.

Disclaimer of Warranties

THIS WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CACTUS SKY DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

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

We do not guarantee uninterrupted or error-free operation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CACTUS SKY DIGITAL, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

  • Indirect damages
  • Incidental damages
  • Special damages
  • Consequential damages
  • Punitive damages
  • Loss of profits
  • Loss of business opportunities
  • Loss of goodwill
  • Loss of revenue
  • Loss of data

In no event shall the total liability of Cactus Sky Digital exceed the amount paid by the user for services during the twelve (12) months preceding the claim.

If no payment was made, our total liability shall not exceed one hundred dollars ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Cactus Sky Digital, its officers, employees, contractors, affiliates, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including attorney fees, arising from:

  • Your use of the website
  • Your violation of these Terms
  • Your violation of applicable law
  • Your infringement of third-party rights
  • Content you submit or distribute

Compliance With Marketing Laws

Users are responsible for complying with all applicable laws governing communications and marketing activities, including:

  • TCPA
  • CAN-SPAM Act
  • FCC regulations
  • State privacy laws
  • A2P 10DLC requirements
  • Applicable consumer protection laws

Cactus Sky Digital does not guarantee that any marketing campaign will comply with all laws without proper implementation by the client.

Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Any dispute, claim, controversy, or cause of action arising out of or relating to this website, our services, communications, marketing programs, privacy practices, or business relationship shall be resolved exclusively through final and binding arbitration.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

The arbitration shall take place in St. Johns County, Florida.

The arbitrator shall have exclusive authority to resolve any dispute regarding interpretation, applicability, enforceability, or formation of this arbitration provision.

Class Action Waiver

To the fullest extent permitted by law, all claims must be brought solely on an individual basis.

You agree not to participate in:

  • Class actions
  • Collective actions
  • Representative actions
  • Private attorney general actions

You expressly waive any right to participate as a plaintiff or class member in any class proceeding.

Jury Trial Waiver

To the fullest extent permitted by law, you knowingly and voluntarily waive any right to a trial by jury in any dispute arising from or relating to Cactus Sky Digital.

Injunctive Relief

Nothing in these Terms shall prevent Cactus Sky Digital from seeking injunctive relief, temporary restraining orders, or other equitable remedies to protect its intellectual property, confidential information, or proprietary rights.

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.

Modifications

We reserve the right to update these Terms at any time.

Changes become effective immediately upon posting.

Continued use of the website constitutes acceptance of any revised Terms.

Contact Information

Cactus Sky Digital

St. Augustine, Florida

Website: www.CactusSky.com

General Inquiries: info@cactussky.com

Privacy Inquiries: privacy@cactussky.com

Phone: (904) 679-5933