Terms of Service
Effective Date: June 1, 2026
Welcome to EndGame Marketing Solutions (“Agency,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website, marketing services, consulting, creative services, digital advertising, website development, content creation, branding, and related offerings (collectively, the “Services”). By using our website or engaging our Services, you agree to these Terms.
1. Scope of Services
Services are provided according to individual client agreements, proposals, statements of work, invoices, or written communications. Project deliverables, timelines, pricing, and performance expectations will be defined separately in writing.
We reserve the right to modify, suspend, or discontinue Services at our discretion with reasonable notice.
2. Client Responsibilities
Clients agree to:
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Provide timely and accurate information, approvals, content, assets, and access needed to complete Services
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Respond to requests and approvals within a reasonable timeframe
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Ensure they have the legal right to use materials, trademarks, logos, images, content, or intellectual property provided to the Agency
Delays caused by incomplete information, lack of approvals, or client inaction may impact project timelines and results.
3. Fees and Payment
Fees for Services are outlined in proposals, agreements, or invoices. Payment terms are due as stated unless otherwise agreed in writing.
Late payments may result in suspension of Services, delayed deliverables, or applicable late fees permitted by law. Deposits and retainers may be non-refundable unless otherwise stated.
4. Marketing Results Disclaimer
While we strive to deliver professional, effective marketing services, we do not guarantee specific business outcomes, rankings, lead volume, advertising performance, sales increases, or revenue results. Marketing outcomes depend on many variables outside our control, including market conditions, competition, customer behavior, budgets, and third-party platforms.
5. Intellectual Property
Unless otherwise agreed in writing:
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Clients retain ownership of materials they provide to the Agency
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The Agency retains ownership of proprietary methods, templates, strategies, processes, drafts, and internal tools
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Final deliverables are licensed or transferred to the client upon full payment, as specified in applicable agreements
The Agency may display completed work in portfolios, case studies, or marketing materials unless otherwise agreed in writing.
6. Third-Party Platforms
Our Services may involve third-party platforms or providers, including advertising, analytics, website hosting, social media, email marketing, or software systems. We are not responsible for outages, policy changes, pricing changes, account suspensions, algorithm updates, or service interruptions caused by third parties.
7. Limitation of Liability
To the fullest extent permitted by law, the Agency shall not be liable for indirect, incidental, special, consequential, or lost-profit damages arising from the use of our Services or website. Total liability, if any, shall not exceed the amount paid to the Agency for Services during the prior three (3) months.
8. Termination
Either party may terminate Services in accordance with the applicable written agreement. Outstanding balances for work completed or committed expenses remain payable upon termination.
9. Website Use
Users agree not to misuse this website, attempt unauthorized access, transmit harmful code, or engage in unlawful conduct.
10. Privacy
Information submitted through our website or during Services will be handled in accordance with our Privacy Policy.
11. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of MINNESOTA, without regard to conflict-of-law principles.
12. Changes to Terms
We may update these Terms periodically. Continued use of our website or Services constitutes acceptance of updated Terms.
13. Contact Information
For questions regarding these Terms, contact:
EndGame Marketing Solutions
bsforeman43@endgamems.com
612-963-1643
www.endgamems.com
By using our website or engaging our Services, you acknowledge that you have read and agree to these Terms.
EndGame Marketing Solutions