Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ben Behmer Media LLC, a limited liability company ("Company," "we," "us," or "our"), concerning your access to and use of our website and services. By accessing our website or engaging our services, you agree that you have read, understood, and agreed to be bound by all of these Terms.

2. Description of Services

Ben Behmer Media LLC provides marketing automation services, specifically the "ACE Pipeline System," designed for high-ticket home service businesses. Our services include:

• Lead generation and marketing campaigns
• AI-powered prospect qualification systems
• Automated nurture sequences and email marketing
• Appointment booking and confirmation services
• Marketing strategy consultation and implementation
• Pay-per-show marketing arrangements

3. Eligibility and Account Registration

To use our services, you must:

• Be at least 18 years of age and have the legal capacity to enter into contracts
• Operate a legitimate business in the home services industry
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Be responsible for maintaining the confidentiality of your account credentials

4. Payment Terms and Billing

4.1 Pay-Per-Show Model

Our primary service model is "pay-per-show," meaning you pay only when a qualified prospect appears for a scheduled appointment. Payment terms include:

• Fees are due within 30 days of invoice date
• Payment methods accepted include ACH transfer, wire transfer, and approved credit cards
• Late payments may incur a 1.5% monthly service charge
• We reserve the right to suspend services for accounts past due

4.2 Setup and Monthly Fees

Some services may require setup fees or monthly retainers, which will be clearly disclosed before service commencement. All fees are non-refundable unless otherwise specified in writing.

5. Client Responsibilities and Obligations

As a client, you agree to:

• Provide accurate business information and marketing materials
• Respond promptly to prospect inquiries and honor scheduled appointments
• Maintain professional standards in all client interactions
• Comply with all applicable laws and regulations in your business operations
• Not engage in any illegal, unethical, or deceptive business practices
• Provide timely feedback and communication regarding campaign performance

6. Intellectual Property Rights

The Company retains all rights to:

• Our proprietary ACE Pipeline System technology and methodologies
• All software, algorithms, and automation systems
• Marketing templates, copy, and creative assets developed by us
• Company trademarks, logos, and brand materials
• Any improvements or modifications made to our systems during service delivery

7. Data Protection and Privacy

We are committed to protecting your privacy and the privacy of prospects generated through our services. Our data handling practices are governed by our Privacy Policy, which is incorporated by reference into these Terms. We implement industry-standard security measures to protect all data.

8. Service Level Agreements and Performance

8.1 No Guarantee of Results

While we strive to deliver high-quality leads and appointments, we cannot guarantee specific results, lead volumes, conversion rates, or revenue outcomes. Marketing performance depends on numerous factors including market conditions, competition, client responsiveness, and economic factors beyond our control.

8.2 Service Standards

We commit to providing services with reasonable care and skill in accordance with industry standards. Any specific service level agreements will be documented in separate service agreements.

9. Termination

9.1 Termination by Client

You may terminate services at any time with 30 days written notice. You remain responsible for all fees incurred prior to termination.

9.2 Termination by Company

We may terminate services immediately if you breach these Terms, engage in illegal activities, fail to pay invoices, or if we determine that continuing the relationship is not in our best interests.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEN BEHMER MEDIA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Ben Behmer Media LLC and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (1) your use of our services; (2) your violation of these Terms; (3) your violation of any third-party rights; or (4) any illegal or unethical business practices.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in [CITY, STATE].

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government regulations.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new effective date. Continued use of our services after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Ben Behmer Media LLC regarding the use of our services.

17. Contact Information

For questions regarding these Terms of Service, please contact us: