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, services, and any purchases you make from us. By accessing our website, engaging our services, purchasing any service or item from us, or submitting your contact information through any channel, you acknowledge that you have read, understood, and agree to be bound by all of these Terms, our Privacy Policy, and any additional contracts, service agreements, or terms that may apply to specific services or purchases. If you do not agree with these Terms, you must not use our services or make any purchases.

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-Appointment 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. Purchases, Services, and Additional Contracts

4.1 Applicability of Terms to All Purchases

BY PURCHASING ANY SERVICE OR ITEM FROM US, WHETHER THROUGH OUR WEBSITE, OVER THE PHONE, VIA EMAIL, THROUGH A THIRD-PARTY PLATFORM, OR ANY OTHER METHOD, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You are subject to and bound by these Terms of Service in their entirety
• You are subject to and bound by any additional contracts, service agreements, statements of work, purchase agreements, or other written agreements ("Additional Contracts") that are associated with or govern the specific service or item you are purchasing
• These Terms and any Additional Contracts are complementary and work together to govern your purchase and use of our services
• In the event of any conflict or inconsistency between these Terms and an Additional Contract, the Additional Contract shall govern with respect to the specific service or item to which it applies, but these Terms shall continue to apply to all other matters
• All terms, conditions, warranties, disclaimers, limitations of liability, and other provisions contained in these Terms apply to your purchase unless specifically modified or superseded by an Additional Contract
• Your purchase constitutes acceptance of all applicable terms, whether contained in these Terms, an Additional Contract, or both

4.2 Types of Purchases Covered

This provision applies to all types of purchases, including but not limited to:

• Marketing services, including pay-per-appointment services, lead generation, and marketing automation
• Consulting services, strategy sessions, and advisory services
• Software licenses, technology services, and platform access
• One-time services, recurring services, and subscription-based services
• Digital products, downloadable content, and online resources
• Physical products, merchandise, and tangible items
• Any other service or item offered for sale by Ben Behmer Media LLC

4.3 Additional Contracts

Additional Contracts may include, but are not limited to, service agreements, master service agreements, statements of work, purchase orders, subscription agreements, license agreements, non-disclosure agreements, and any other written agreements that may be executed in connection with your purchase. These Additional Contracts may contain specific terms, pricing, deliverables, timelines, warranties, and other provisions that supplement or modify these Terms for the specific service or item being purchased. You acknowledge that you have read, or have had the opportunity to read, all Additional Contracts before making your purchase, and you agree to be bound by them.

5. Payment Terms and Billing

5.1 Pay-Per-Appointment Model

Our primary service model is "Pay-Per-Appointment," 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, unless otherwise specified in an Additional Contract
• Payment methods accepted include ACH transfer, wire transfer, and approved credit cards
• Late payments may incur a 1.5% monthly service charge (or such other rate as specified in an Additional Contract)
• We reserve the right to suspend services for accounts past due
• All payment terms are subject to the specific terms set forth in any Additional Contract

5.2 Setup and Monthly Fees

Some services may require setup fees or monthly retainers, which will be clearly disclosed before service commencement, either in these Terms, an Additional Contract, or both. All fees are non-refundable unless otherwise specified in writing in an Additional Contract or as required by applicable law.

5.3 Pricing and Payment Terms

All prices, fees, payment terms, and billing arrangements are as set forth in the applicable Additional Contract or as otherwise agreed in writing. We reserve the right to change our prices at any time, but such changes will not affect purchases already made or services already contracted for under an existing Additional Contract. All payments must be made in U.S. dollars unless otherwise specified.

6. 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

7. 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

8. 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.

9. Service Level Agreements and Performance

9.1 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.

9.2 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.

10. Termination

10.1 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.

10.2 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.

11. 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.

12. 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.

13. Dispute Resolution

13.1 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.

13.2 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].

14. 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.

15. 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.

16. Severability

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

17. Entire Agreement and Integration

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY AND ANY ADDITIONAL CONTRACTS, CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND BEN BEHMER MEDIA LLC REGARDING YOUR PURCHASE AND USE OF OUR SERVICES AND ITEMS.

This agreement includes:

• These Terms of Service
• Our Privacy Policy (incorporated by reference)
• Any Additional Contracts, service agreements, statements of work, purchase orders, or other written agreements executed in connection with your purchase
• Any written amendments, modifications, or supplements to the foregoing

BY PURCHASING ANY SERVICE OR ITEM FROM US, YOU ACKNOWLEDGE AND AGREE THAT:

• You are bound by both these Terms and any Additional Contracts that apply to your purchase
• These Terms and Additional Contracts work together as a comprehensive agreement governing your purchase
• No oral statements, representations, or agreements outside of these Terms and Additional Contracts shall be binding unless reduced to writing and signed by both parties
• These Terms apply to all purchases unless specifically modified or superseded by an Additional Contract
• In the event of any conflict, the Additional Contract shall govern for the specific service or item, but these Terms shall apply to all other matters

18. Acknowledgment and Acceptance

BY PURCHASING ANY SERVICE OR ITEM FROM US OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ANY ADDITIONAL CONTRACTS THAT APPLY TO YOUR PURCHASE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW ALL APPLICABLE TERMS AND CONTRACTS BEFORE MAKING YOUR PURCHASE, AND YOU AGREE TO BE BOUND BY THEM IN THEIR ENTIRETY.

19. Contact Information

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