Legal Construction

If any portion (word, clause, phrase, sentence, paragraph, or section) of these Terms of Service or the application thereof to any person, entity, or circumstance, shall to any extent be invalid or unenforceable, the remainder of these Terms of Service, or the application of such portion to persons or entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and such portion shall be considered independent and severable from these Terms of Service, and these Terms of Service shall be enforced as if such portion did not exist.

Binding Effect

All the terms and provisions of these Terms Of Service, whether so expressed or not, are binding upon, inure to the benefit of, and are enforceable by the Parties.

Entire Agreement

These Terms Of Service represent the entire understanding and agreement between the Parties with respect to the subject matter of these Terms Of Service and supersedes all other negotiations, understandings, and representations, if any, may by and between the Parties.No representation, inducement, promise, or agreement, oral or otherwise, if any, not embodied in these Terms Of Service, or any other agreement related to these Terms Of Service and expressly references herein is of any force and effect. No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, agreed upon by Acceleration Enterprises, the client, and duly executed by the Parties.

Digital Marketing Platform Use

The client understands that Acceleration Enterprises LLC uses specific digital marketing tools as well as other digital marketing platforms on behalf of the client when these services are under the ownership of the client and that fees for postage, printing, digital marketing services, and any other fees charged by these vendors or platforms are the responsibility of the client to pay on an ongoing basis following the setup of these accounts for the client by Acceleration Enterprises. The client understands by accepting these Terms Of Service that they give full permission to Acceleration Enterprises to set up accounts with these digital marketing platforms approved by the client to achieve client goals on their behalf. Any subscription changes to these services past the initial signup for the client based on service levels or volume of use are the responsibility of the client as well as any advertising fees or usage fees. By accepting these Terms Of Service the client also understands that Acceleration Enterprises is an affiliate partner of
some of the digital marketing platforms used in the course of executing client services
in some cases and at no additional cost to the client incurred by these vendors to the client Acceleration Enterprises is paid a commission for use and volume of use of these services from these vendors in some cases. Acceleration Enterprises is not liable for any problems arising from the use of these tools related to the deliverability of marketing assets, quality of finished marketing collateral stemming from vendor production, or delivery timing due to vendor operations.

Termination

The client may at any time following the term of the original Letter of Engagement executed by the client cancel monthly services with Acceleration Enterprises. In the case where account cancellation is requested, it must be done by emailing support@accelerationenterprises.com . The client, by agreeing to these Terms Of Service understands that there will be no refunds of service fees paid to Acceleration Enterprises to the date of the cancellation request and that if there is an agreed-to term of payment in the Letter Of Engagement electronically signed by the client then any fees due for that period of time become due immediately upon cancellation if the bill has not been paid in full to date of cancellation.

Payment By Client

The client will make an initial payment for monthly services and re-occurring payments before they are rendered every month from the execution of their initial intake. The payment method on file will be charged automatically every month for services rendered by Acceleration Enterprises. The client is not entitled to a refund or chargeback for any reason. All payments made to Acceleration Enterprises pursuant to these Terms Of Service are final and are not refundable for any reason. The client agrees not to request, advise, file a claim, or seek the Client’s bank or credit card company for a chargeback for consideration paid under these Terms Of Service. The Client agrees to waive any rights client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that the client may have with respect to the consideration paid hereunder must be addressed directly between the client and Acceleration Enterprises.If a chargeback occurs, client shall have materially breached these Terms Of Service and shall forfeit all remaining services that have not yet been performed under the Agreement.Acceleration Enterprises shall have no further obligation to the client.

No Disclosure

The information provided by the client to Acceleration Enterprises for purposes of campaign execution shall be stored on vendor accounts under the ownership of the client in addition to storage devices and cloud-based systems by Acceleration Enterprises for the purposes of marketing campaign execution and also performance analytics. Acceleration Enterprises shall not share with any other person or organization client information given to Acceleration Enterprises in the course of the relationship set forth in these Terms Of Service that may be considered proprietary or protected intellectual property as defined by the client except in cases where Acceleration Enterprises uses actual case study data from services provided to show the general public successful results. Data that Acceleration Enterprises gathers will be delivered to the client and aggregated by Acceleration Enterprises for analysis as well as general industry reports for the betterment of delivery of services and such analyzed, curated, and processed data will become common knowledge data. The client understands that such data aggregations and compiling into summary reports are in effect the intellectual property of Acceleration Enterprises and are being shared with the client as part of
the client's monthly fee. Copywriting assets, creative assets, and any design assets created by Acceleration Enterprises are the property of Acceleration Enterprises unless the client requests a non-disclosure specific to the scope of work preformed by Acceleration Enterprises. Client agrees that they will communicate the definition of sensitive information and request ownership transfer of creative assets in writing to Acceleration Enterprises. Acceleration Enterprises will never share the client's personal and professional contact information or the client's company contact information to their office(s) with other organizations or sell such information.

Indemnity

CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ACCELERATION ENTERPRISES, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS AND Christopher Blakeman FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, COMPLAINTS, DEMANDS, OBLIGATIONS, ACTIONS, LAWSUITS, JUDGMENTS, AWARDS, PENALTIES, VERDICTS, PAYMENTS OR CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, DAMAGES TO A BUSINESS, CONTRACT, TORT, CONTRIBUTION AND/OR INDEMNITY, CLAIMS FOR STATUTORY INDEMNITY, NEGLIGENCE, GROSS NEGLIGENCE, AND ANY OTHER LIABILITY OF ANY KIND BROUGHT BY THE CLIENT OR ANY THIRD PARTY INCLUDING ALL RELATIVES OF THE CLIENT OR THIRD PARTIES, ANYONE BRINGING DERIVATIVE CLAIMS, AND/OR ANYONE BRINGING CLAIMS BY, THROUGH, OR UNDER THE CLIENT OR THIRD PARTIES, RELATED IN ANY WAY OR INCIDENT TO, ARISING OUT OF, OR IN CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT (INCLUDING BUT NOT LIMITED TO THE SERVICES RENDERED OR INFORMATION OBTAINED IN THE PROGRAM, CONSIDERATION, CONFIDENTIAL, PROPRIETARY, OR COPYRIGHT INFORMATION), ACTS AND/OR OMISSIONS OF ACCELERATION ENTERPRISES, AND ITS EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND CONTRACTORS, AND Christopher Blakeman.

Disclaimer

Acceleration Enterprises and Christopher Blakeman do not, under any circumstances, warrant or guarantee the client any specified results, amount of income that will be received or earned, or any other particular outcome or result of any kind. Results that Client achieves are in no way, shape, or form, guaranteed by ACCELERATION ENTERPRISES, Blakeman or any of their respective agents, employees, independent contractors, subsidiaries, borrowed servants, or any other third party. Digital marketing platforms such as Meta, Facebook, Instagram and others regularly change their policies and procedures. By agreeing to these terms of service the client understands that Acceleration Enterprises is not liable for interruptions in service stemming from digital marketing platform changes or decisions regarding the client accounts such as banned profiles, restricted accounts, and or any other platform issues that may create service interruptions.

Client Likeness and Use

Acceleration Enterprises reserves the right to use marketing materials such as videos, photos, and other media in the process of providing client service to promote services to other prospective clients in its own marketing efforts. Interviews with the client, examples of work finished, and other marketing assets will be reused by Acceleration Enterprises in the course of its normal business operations, marketing efforts, and production efforts. By agreeing to the terms of service and engaging with Acceleration Enterprises the client agrees to the use of their likeness, reproduction of marketing media, and content use created by Acceleration Enterprises for the desired uses of Acceleration Enterprises' business efforts.

Jurisdiction and Venue

These Terms Of Service shall be governed in all respects, including its validity, interpretation, and effect, and construed by and in accordance with the laws of the State of Colorado, including, without limitation, its limitation of action and other procedural laws without giving effect to the principles of conflict of laws of the State of Colorado. THE PARTIES HEREBY STIPULATE AND AGREE THAT IF IT BECOMES NECESSARY FOR ANY OF THE PARTIES TO FILE AN ACTION CONCERNING ANY MATTER RELATING TO OR PROVIDED FOR IN THESE TERMS OF SERVICE, THAT SUCH ACTION SHALL BE BROUGHT EXCLUSIVELY IN LARIMER COUNTY, Colorado, AND THAT VENUE IS PROPER IN LARIMER COUNTY, Colorado.

Contact Us

If you have any questions, concerns, or concerns about Acceleration Enterprises Marketing Services, please contact us: