The EmBeance Marketing & Design Terms Of Use
Last Updated: 7/17/2023
Please read these Terms of Use ("Agreement") carefully before using the EmBeance Marketing & Design website ("Website"). This Agreement sets forth the terms and conditions for your use of the Website.
Non-Disclosure and Non-Compete:
By accessing or using the Website, or initiating a discovery call, and or consultation with a member of our team with the intent to retain us for design, marketing, advertising and or operational assistance and or consulting of any form, you agree to abide by the non-disclosure and non-compete terms set forth in this section of our terms of service that state:
Any strategies, materials, or intellectual property provided on the Website, in presentations with you, and that may be shared directly with you in cases of our copyrighted material and intellectual property are confidential and proprietary to EmBeance Marketing & Design and its clients as per the rights granted to them within our Exclusive Client Retainers and or in Addendums to their Retainer Agreements. You agree not to disclose or share any such information with third parties without prior written consent from EmBeance Marketing & Design, and agree to not utilize conceptual strategy, laid out strategy, your scope of work, or any of the materials provided to you for commercial or even portfolio review purposes without signing our exclusive client retainer and paying any and all associated fees outlined in your scope of work, and invoice(s) as applicable. This non disclosure is effective for 3 years following your last engagement with us via, phone, retainer or electronic communication with us. We take theft of services and copyright violations seriously, and have a 0 tolerance policy on being stolen from which is punishable by fines and or time in jail in every single state across the United States.
Non Compete: By contacting us via phone, electronic communication or by submitting your information to us through one of our onsite forms, you are agreeing to our intent to retain clauses that come with an automatic non disclosure and direct non compete clause while utilizing our strategies, and or implemented creative works that we’ve previously been retained for in order to start, or launch a competing business of your own (this is apparently a thing - hence this new clause effective 7/17/2023). Any information, conceptual strategies outlined to you, any copyrighted materials, or tools, and any work we have done for you, your brand, any of your client’s in the case of 3rd party agencies we white label for, or your business is not available for redistribution, reuse, or resale, and is not permitted to be utilized by any external or 3rd party for commercial purposes without our prior written consent.
Please note: We happily, and do often work with loyal, 3rd party agencies in a white label fashion typically for Google ads structures, restructures, audits, and full agency takeovers and or Full Service Marketing Solutions. Our Non Compete does not apply to any current and existing agencies but, is unfortunately meant to stop the amount of hustlers / side hustlers / and quick buck seekers coming into the space making themselves appear to be the latest guru with strategies, tools, methodologies, and even done for them work provided to them by EmBeance Marketing and Design even though, our IPR’s, strategies, and design work is all protected under copyright law.
Consultation Requests & Our Intent To Retain Agreement:
Following your consultation request, you will be sent an intent to retain agreement to sign and date prior to the start of your call. The terms and conditions outlined in our Intent To Retain Agreement between EmBeance Marketing and Design LLC and the client are legally binding to prevent conceptual strategy theft, and to prevent theft of services. These policies can additionally be found in our Exclusive Agency Agreement at the time of approving your scope and include but are not limited to our onboarding process, fee structure, payment terms, grant of rights, representations and warranties, limitation of liability, and applicable law. Please refer to the Exclusive Client Retainer Agreement for the complete terms once you intend on accepting your scope of work, and retaining us as your exclusive agency.
Electronic Communication:
By contacting us, engaging in one of the many forms on our website to submit a consultation request, and or by signing up for our email list or one of our freebie offers you are agreeing to receive electronic communications from us.
A standard one time, double opt in email will be required to be accepted prior to receiving any emails from EmBeance Marketing and Design. In compliance with Can-Spam and countless other rules, laws, and just good ethics - we do this to ensure that you are only receiving emails you want to receive and that you did in-fact opt in to.
Our Intent To Retain Agreement: Our intent to retain agreement will be sent to you post filling out a contact and or scheduling form inquiry with us. While our consultations are pretty laid back, and no pressure while being full of value, we want to make sure that our prospective clients understand that we are not just here to provide free advice to you, and are conducting the call that we do with you at this stage in order to ensure that 1) we are a right fit and 2) to close you on the solutions that you actually need dependent upon your starting place when you come to us at our current, and existing retainer setup rates based on the time it will take to assist you while offering solutions in both done for you solutions that come at a lower ticket price and are completed our way based upon the information provided to us at the time of you contacting us or in a done with you fashion over our 1, 2, and 4-6 week intensives (depending on your industry - this is the standard timeframe). By requesting a consultation with us, you understand that this letter will be sent for your review and signature through electronic communication (email) and must be signed and dated prior to your call with us.
Any and all communication with members of our team will be sent through email so please keep in mind that not just your intent to retain agreement will be sent through email but, scheduling requests, your exclusive client retainer, your scope of work, any and all billing and invoicing + deliverables will all be sent through email.
Please note: We very rarely text and ask that our clients please do not send sms to our phone lines or discuss confidential business matters via Facebook or any other social media platform’s dm’s. We only communicate through HIPPA compliant channels and our policies are in-fact compliant with HIPPA since we do work with so many Dr’s offices, Physicians Groups, Nursing Homes, and Chiropractors. This further means that our policies and standard operating procedures are also compliant with banking and financial services rules with special attention going to: Mortgage lending, Real Estate, and Credit Services since we work with several different teams, corporations, and even non profits in these industries to do our best at ensuring safeguards, and secure communication.
Use of the Website:
You may access and use the Website for informational purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates applicable laws, infringes upon the rights of others, or engages in any prohibited activities as outlined in our Intent To Retain and Exclusive Client Retainer Agreements. EmBeance Marketing & Design reserves the right to terminate your access to the Website if you violate these terms.
Intellectual Property:
All content, materials, and intellectual property on the Website, including but not limited to text, graphics, logos, images, and software, are the property of EmBeance Marketing & Design or its licensors and are protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on any content from the Website without prior written consent from EmBeance Marketing & Design.
Disclaimer of Warranties:
The information and materials on the Website are provided "as is" and without warranties of any kind, whether express or implied. EmBeance Marketing & Design makes no representations or warranties regarding the accuracy, completeness, or reliability of the information or materials on the Website. Your use of the Website is at your own risk.
Limitation of Liability:
In no event shall EmBeance Marketing & Design or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website. EmBeance Marketing & Design's total liability, if any, for any claims arising under this Agreement shall not exceed the amount paid by you, if any, to access the Website.
Links to Third-Party Websites:
The Website may contain links to third-party websites that are not owned or controlled by EmBeance Marketing & Design. EmBeance Marketing & Design has no control over, and assumes no responsibility for, the functionality, security, content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve EmBeance Marketing & Design from any and all liability arising from the use of any third-party websites including our online portal or pay via our secure link.
Termination:
EmBeance Marketing & Design may terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States, with regard to its conflict of laws principles as found in our client agreement(s)..
Changes to the Terms of Use:
EmBeance Marketing & Design reserves the right to modify or replace these Terms of Use at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. Please check this Agreement periodically for updates.
Privacy Policy:
Please see our updated privacy policy here.
Contact Us:
If you have any questions about these Terms of Use, please contact us in writing at Info@EmBeance.com.
By accessing or using the EmBeance Marketing & Design Website including your submission of any of our forms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the policies found within.