The agreement between you and Minnesota Marketing when you use this website or engage our services. Read carefully, these terms are binding.
These Terms of Service ("Terms") govern your access to and use of the website at minnesotamarketing.com ("Site") and any services we provide ("Services"). By using the Site or engaging us for Services, you agree to these Terms. If you don't agree, don't use the Site or our Services.
Specific Services (Essentials, Growth Tools, Growth Partner) are typically delivered under a separate written engagement agreement or order form. Where those documents conflict with these Terms, the engagement agreement governs.
You must be at least 18 years old and able to form a binding contract under U.S. law to use the Site or engage our Services. If you're using the Site or engaging us on behalf of a business, you represent that you have authority to bind that business to these Terms.
We offer three categories of Services:
The exact scope, pricing, deliverables, and timelines for any engagement will be specified in an engagement agreement or order form before work begins.
We may modify, suspend, or discontinue any Service feature at our discretion, with reasonable notice for active clients. Material changes that affect a paid client's contracted scope will be communicated in advance with options to adjust the engagement.
Pricing is published on the Site for the Essentials tier. Pricing for Growth Tools and Growth Partner is provided on quote, scoped to the engagement. Pricing in effect at the time you sign an engagement governs that engagement.
Invoices are due upon receipt unless otherwise stated. Past-due balances accrue interest at the lower of 1.5% per month or the maximum allowed by law. If your account is more than 14 days past due, we may suspend Services without further notice. You agree to reimburse reasonable collection costs (including attorneys' fees) for amounts properly owed.
Setup fees are non-refundable once setup work has begun. You may cancel a monthly subscription at any time with at least 14 days' written notice before the next billing date; cancellation takes effect at the end of the current billing month. We do not pro-rate partial months. We may, at our discretion, offer credits or refunds for service failures attributable to us.
Essentials is typically fully live within 14 calendar days of engagement, contingent on your timely cooperation in providing access, content, and approvals. We'll communicate target dates in writing during onboarding. Delays caused by client unresponsiveness are not our responsibility, and may shift the live date.
To deliver the Services, you authorize us to:
You are responsible for:
You agree not to:
The Site, our methodologies, playbooks, configurations, templates, software, and the Minnesota Marketing name and logo are owned by Minnesota Marketing LLC or its licensors and are protected by intellectual property law. We grant you a non-exclusive, non-transferable, revocable license to use any deliverables we configure for you for the purpose of operating your business during the term of your engagement.
You retain ownership of your business content (logos, copy you provide, customer data, brand assets). You grant us a limited license to use your materials as needed to deliver the Services.
Unless you opt out in writing, we may reference your business name, industry, location (city/state), and aggregate, anonymized results in our marketing and portfolio. We will not publish specific revenue figures or identifying details of your customers without your prior written consent.
Suggestions or feedback you give us about the Services may be used by us without restriction or compensation.
Each party will protect the other's confidential information with at least the same care it uses for its own confidential information, and will use it only as needed to perform under these Terms. "Confidential information" means non-public business, financial, technical, or customer information, whether or not marked confidential. Confidentiality obligations survive termination for three (3) years, except that trade secrets remain protected as long as they qualify as such under applicable law.
The Services rely on third-party platforms (HighLevel, Google, Meta, Twilio, payment processors, hosting providers, and others). Those platforms have their own terms and pricing, which apply directly between you and them. We do not control and are not responsible for their availability, performance, or policies. If a third-party platform changes terms, pricing, or availability in a way that materially affects the Services, we'll work with you in good faith to find an alternative or adjust the engagement.
EXCEPT AS EXPRESSLY STATED IN AN ENGAGEMENT AGREEMENT, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THEY WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The limitations in this Section apply regardless of the form of action (contract, tort, statute, or otherwise) and survive termination. Some jurisdictions don't allow limits on certain damages; in those jurisdictions, the limits apply to the fullest extent permitted.
You agree to defend, indemnify, and hold harmless Minnesota Marketing, its members, officers, employees, and contractors from any claim, loss, damage, or expense (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your content, offers, or claims used in the Services; (c) your business operations or compliance with applicable law; or (d) your misuse of the Services. We will indemnify you against third-party claims that the Services we deliver, used as configured, infringe a U.S. copyright, trademark, or trade secret, subject to our right to defend or settle and the limits in Section 10.
Either party may terminate a monthly subscription as described in Section 3.4. Either party may terminate any engagement immediately on written notice if the other party materially breaches these Terms or any engagement agreement and fails to cure within fifteen (15) days of written notice. Upon termination: (a) your access to ongoing Services ends at the end of the paid period; (b) you remain responsible for fees properly owed; (c) we'll provide a reasonable transition window to export contact lists and data we hold on your behalf; (d) Sections that by their nature should survive (Confidentiality, IP, Disclaimers, Limitation of Liability, Indemnification, Governing Law) continue to apply.
These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. Any dispute that the parties cannot resolve informally within thirty (30) days of written notice will be brought exclusively in the state or federal courts located in Cass County or Hennepin County, Minnesota, and the parties submit to the personal jurisdiction of those courts.
You and Minnesota Marketing each waive any right to a jury trial in any proceeding arising from these Terms or the Services. Any claim must be brought within one (1) year after the cause of action arose, or be permanently barred.
We may update these Terms from time to time. The "Last updated" date will reflect any change. Material changes will be posted on the Site and, for active clients, communicated by email at least 14 days before they take effect. Continued use of the Site or Services after the effective date constitutes acceptance.
Minnesota Marketing LLC
Email: scale@minnesotamarketing.com
Mailing address: available on request via email