Terms of Service
The Surge Agency: Breaker to Booked is a trade name of Fifth Frequency Marketing & Consulting LLC.
By accessing or using our website, services, or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
Eligibility:
To use our services, you must be at least 18 years old or of legal age in your jurisdiction. We do not knowingly engage with minors. If we learn that information has been submitted by someone underage, it will be removed immediately.
User Responsibilities:
By using our services, you agree to provide accurate, current, and complete information at all times. You also agree to use our website and services only for lawful purposes and not to misuse or interfere with our website, booking forms, or communication channels. You are responsible for maintaining the confidentiality of your personal information and for any activities that occur during your interactions with us.
Payments:
Payments for our services may be made online or in person, depending on the service type. We accept major payment methods commonly used. All payments are non-refundable once the service has been performed, unless stated otherwise in a written agreement. You agree to comply with any additional payment terms provided at the time of booking or service.
Appointments and Service Delivery:
Appointments can be made through our website or by contacting us directly. You are responsible for arriving on time for your scheduled appointment. If you need to cancel or reschedule, please notify us as early as possible. Failure to attend a confirmed appointment may result in a cancellation fee.
Description of SMS Use Cases:
SMS Program Description and Use Cases
Our SMS/text messaging program enables us to communicate with you via text message for the following specific purposes:
Marketing Communications
-Promotional offers, discounts, and special deals on our services
-New service announcements and feature updates
-Lead generation campaigns and follow-up messages
-Educational content related to digital marketing and lead generation services
-Invitations to webinars, events, or consultations
Transactional Communications
-Appointment confirmations and reminders for scheduled consultations
-Service delivery updates and project status notifications
-Account-related notifications and security alerts
-Payment confirmations and billing notifications
-Customer support responses to your inquiries
Operational Communications
-Lead nurture sequences for prospects who have inquired about services
-Onboarding sequences for new clients
-Survey and feedback requests to improve our services
-Re-engagement campaigns for inactive contacts
Message frequency varies depending on your interaction with our services and active campaigns, but you may receive up to 10 messages per month for marketing purposes and additional transactional messages as needed.
Opt-Out Instructions:
How to Opt Out of SMS Messages
You may opt out of receiving SMS messages from us at any time through any of the following methods:
Text STOP: Reply with the word STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message you receive from us. You will receive one final confirmation message acknowledging your opt-out request.
Text to Our Number: Send STOP to 424-234-2956
Email Request: Send an opt-out request to info@5thfrequency.com with "SMS Opt-Out" in the subject line and include the mobile phone number you wish to remove
Contact Customer Service: Call us at 424-234-2956 during business hours(9:00am - 5:00pm PST) or email info@5thfrequency.com
Upon receiving your opt-out request, we will process it within 24-48 hours. You will no longer receive marketing SMS messages from us, though you may still receive critical transactional messages related to active services or account security. If you opt back in after opting out, you consent to resume receiving SMS messages under these same terms.
Note: Opting out of SMS communications does not opt you out of other communication channels (email, phone calls) unless you specifically request to be removed from those channels as well.
Message & Data Rate Disclosure:
Message and Data Rates
Standard Messaging Rates Apply: Message and data rates may apply to each text message sent or received in connection with our SMS program. You are responsible for all charges from your mobile carrier associated with text messaging, including but not limited to SMS fees and data charges. The number of messages you receive will depend on your level of engagement and active campaigns.
Carrier Charges: Your mobile carrier's standard messaging and data rates will apply to all SMS communications. We do not charge you for sending or receiving text messages, but your carrier may. Message frequency varies based on user interaction and promotional activity. Please contact your mobile carrier for details on your specific messaging plan and rates.
Data Usage: While standard SMS text messages use minimal data, if you receive messages containing links, images, or multimedia content (MMS), additional data charges from your carrier may apply. We recommend checking with your carrier regarding your data plan to understand any potential charges.
WiFi vs. Cellular: Messages sent over WiFi may not incur cellular data charges, depending on your carrier and device settings. However, you remain responsible for understanding your carrier's policies and any applicable charges.
No Warranty on Delivery Costs: We make no warranty or guarantee regarding the costs you may incur from your mobile carrier for participating in our SMS program.
Carrier Liability Disclaimer:
Carrier Liability and Service Limitations
No Carrier Liability: Mobile carriers including but not limited to AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, Cricket Wireless, MetroPCS, U.S. Cellular, and other wireless service providers (collectively "Carriers") are not liable for delayed or undelivered messages. Carriers are not liable for the content of any messages sent through our SMS program.
Service Availability: SMS message delivery is subject to effective transmission from your mobile carrier and limitations of your mobile device. We do not guarantee that messages will be delivered to you in a timely manner or at all. Factors outside our control, including but not limited to carrier network outages, technical failures, system maintenance, device compatibility issues, or geographic service limitations may affect message delivery.
Supported Carriers: Our SMS program is available to subscribers of participating carriers in the United States. Supported carriers include all major U.S. carriers, but message delivery to some smaller or regional carriers may not be supported. We are not responsible for messages that cannot be delivered due to carrier incompatibility.
No Warranty: We provide our SMS service "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the SMS service will be uninterrupted, timely, secure, or error-free.
Limitation of Liability: To the fullest extent permitted by law, [Company Name] and its affiliates, officers, directors, employees, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use the SMS service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the SMS service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content made available via the SMS service.
Indemnification: You agree to indemnify, defend, and hold harmless [Company Name], its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the SMS service; (ii) your violation of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Device and Technology Requirements: You are responsible for maintaining compatible hardware and software necessary to access the SMS service. We are not responsible if your device is not compatible with our SMS service or if you do not receive messages due to device limitations, settings, or technical issues.
T-Mobile's Terms: This service is subject to T-Mobile's Terms and Conditions for Messaging Services and other applicable carrier terms and conditions.
Limitation of Liability:
Fifth Frequency Marketing & Consulting LLC strives to deliver accurate, efficient, and high-quality service, we do not guarantee that our website, communications, or services will be error-free or uninterrupted. To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from the use of our services, including but not limited to vehicle issues that occur outside of our direct service work.
Intellectual Property:
All content on our website, including text, design, images, logos, and branding, is the property of Fifth Frequency Marketing & Consulting LLC and is protected under applicable copyright and trademark laws. You may not reproduce, copy, or distribute any of our materials without written permission.
Third-Party Links:
Our website may contain links to other websites for your convenience. These third-party sites are not operated or controlled by Fifth Frequency Marketing & Consulting LLC, and we are not responsible for their content or privacy practices. We encourage you to review the privacy policies of any external websites you visit.
Data Collection and Privacy:
We collect only basic customer information, such as name, phone number, and email address, to manage appointments, communicate with clients, and deliver our services. We do not sell or share your personal information with third parties except where required by law or necessary to provide our services. For more information, please refer to our Privacy Policy, which is available upon request.
SMS Communications and Your California Privacy Rights:
Information We Collect: When you opt in to SMS communications, we collect your mobile phone number, carrier information, opt-in timestamp, and message engagement data (delivery status, click-throughs). This information constitutes "personal information" under the California Consumer Privacy Act.
How We Use SMS Data: We use your mobile information to deliver text messages you've consented to receive, analyze campaign performance, maintain opt-out preferences, and comply with legal obligations.
Third-Party Sharing: We share your mobile phone number with our SMS service provider LeadConnector (LC Phone) to deliver messages. We may also share aggregated, de-identified data about SMS campaign performance with clients. If you are a lead in our system, your mobile number may be shared with client companies who purchase leads from us (this constitutes a "sale" under CCPA). We do not sell personal information in exchange for monetary compensation. However, we may share personal information with advertising partners for cross-context behavioral advertising, which may constitute "sharing" under CCPA. You have the right to opt out of this sharing.
Your California Rights: As a California resident, you have the right to:
-Know what mobile information we have collected and how it is used
-Request deletion of your mobile information
-Opt out of the sale of your mobile phone number to third parties
-Opt out of SMS messages entirely (text STOP)
Exercising Your Rights: To exercise your CCPA rights regarding SMS data, contact us at info@5thfrequency.com or 424-234-2956. To opt out of SMS messages only, text STOP.
Data Retention: We retain your mobile number and opt-in consent for the duration of your active opt-in status, plus 5 years after opt-out to maintain compliance records and honor your preferences. California residents may request deletion by contacting info@5thfrequency.com.
Your California Privacy Rights
If you are a California resident, you have the following rights regarding your personal information:
Right to Know: You have the right to request that we disclose:
-The categories and specific pieces of personal information we have collected about you
-The categories of sources from which we collected your personal information
-Our business or commercial purpose for collecting or selling your personal information
-The categories of third parties with whom we share your personal information
-The categories of personal information we sold or shared and the categories of third parties to whom it was sold or shared
Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions.
Right to Correct: You have the right to request correction of inaccurate personal information we maintain about you.
Right to Opt-Out: You have the right to opt out of the sale or sharing of your personal information. To exercise this right, click the "Do Not Sell or Share My Personal Information" link in our website footer or contact us using the methods below.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.
How to Exercise Your Rights: To exercise any of these rights, you may:
-Email us at info@5thfrequency.com
-Call us at 424-234-2956
Verification Process: To protect your privacy, we will verify your identity before processing your request. We may ask you to:
-Provide identifying information (name, email, phone number)
-Confirm recent interactions with our business
-For sensitive requests, provide additional verification through email confirmation or documentation
Authorized Agents: You may designate an authorized agent to make requests on your behalf. The agent must provide proof of authorization, and we may require you to verify your identity directly with us.
Response Timeline: We will respond to verifiable requests within 45 days. If we need more time (up to 90 days total), we will notify you of the reason and extension period.
Third-Party Links:
Our website may contain links to external websites or resources. We are not responsible for the content, privacy practices, or reliability of third-party websites. Accessing these links is at your own discretion and risk.
Termination of Services:
We reserve the right to suspend or terminate services if a customer violates these Terms, engages in unlawful behaviour, or acts in a manner harmful to our staff, reputation, or other customers.
Contact Us:
If you have any questions, concerns, or requests regarding this Privacy Policy or how your personal information is handled, please contact us at Fifth Frequency Marketing & Consulting LLC. You can reach us by phone at +1 424-234-2956, by email at info@5thfrequency.com, or by visiting our website at https://contact.breakertobooked.com/contact-us
Shop: 5906 Etiwanda Ave, Unit 3, Tarzana CA 91356
Call: +1 424-234-2956
Email: info@5thfrequency.com
Site: https://contact.breakertobooked.com/contact-us