TERMS OF SERVICE AGREEMENT
Last Updated: September 11, 2025
This Terms of Service Agreement ("Agreement," "Terms," or "TOS") is entered into by and between Wildly Fused LLC, a Massachusetts limited liability company ("Wildly Fused," "Company," "Provider," "we," "us," or "our"), and any individual or entity ("Client," "Customer," "you," or "your") who engages our services, purchases our products, or otherwise interacts with our website, content, platforms, or communications. By purchasing, engaging, accessing, or utilizing our Services in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement in its entirety.
1. BUSINESS IDENTIFICATION AND ENTITY INFORMATION
1.1 Company Information. Wildly Fused LLC is a professional marketing, business growth consulting, and artificial intelligence consulting firm providing strategic advisory, implementation, automation, and execution support services to businesses and organizations. The Company is duly organized and registered under the laws of the Commonwealth of Massachusetts, United States, with its principal place of business located in Massachusetts.
1.2 Professional Services. Company operates as a professional services firm specializing in marketing strategy, business growth consulting, artificial intelligence implementation, automation consulting, digital transformation, and related professional advisory services.
2. COMPREHENSIVE SCOPE AND DESCRIPTION OF SERVICES
2.1 Services Offered. Wildly Fused provides a comprehensive suite of professional services that may include, but are not limited to:
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Strategic business growth consulting and advisory services
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Marketing strategy development, planning, and execution
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Brand development, positioning, and messaging
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Artificial intelligence consulting and implementation
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Marketing automation design, setup, and optimization
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Digital transformation consulting
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Business process automation and optimization
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Executive coaching and leadership development
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Team training and workshops
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Digital products, courses, and educational materials
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Software recommendations and implementation support
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Data analysis and business intelligence consulting
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Custom research and market analysis
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Strategic planning and business model development
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Performance monitoring and optimization services
2.2 Artificial Intelligence Services Disclaimer. For AI-related consulting and implementation services, Client acknowledges that artificial intelligence technologies are rapidly evolving, experimental in nature, and may produce unpredictable results. Company makes no warranties regarding the performance, accuracy, reliability, or suitability of AI tools, platforms, or implementations for Client's specific use cases.
2.3 No Guarantee of Results. While Wildly Fused will deploy commercially reasonable efforts, industry expertise, and professional judgment in performing all Services, Client expressly acknowledges and agrees that business outcomes, marketing performance, revenue generation, and operational improvements are inherently dependent upon numerous variables including, but not limited to: market conditions, competitive landscape, economic factors, Client's industry dynamics, internal organizational capabilities, resource allocation, leadership commitment, and—most critically—Client's complete, timely, and faithful implementation of all recommendations, strategies, and action plans provided by Company. Accordingly, Company makes no representation, warranty, covenant, or guarantee of any specific outcome, result, performance metric, revenue increase, cost reduction, market share gain, or business improvement of any kind whatsoever.
2.4 Client Implementation Dependency. Client acknowledges that the effectiveness of all Services is materially dependent upon Client's execution capabilities, organizational commitment, resource allocation, and sustained implementation of recommended strategies over time.
2.5 Third-Party Platform Dependencies. Services may involve recommendations, integrations, or implementations involving third-party platforms, software, or services over which Company has no control. Company disclaims responsibility for third-party platform performance, availability, policy changes, or discontinuation.
3. RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES
3.1 Responsibilities of Wildly Fused (Provider)
Company agrees to:
a) Professional Performance. Provide all Services using commercially reasonable professional skill, care, and industry best practices consistent with prevailing standards in the marketing and business consulting industry.
b) Qualified Personnel. Assign appropriately qualified and experienced personnel to perform Services.
c) Timely Delivery. Use commercially reasonable efforts to deliver agreed-upon deliverables in accordance with mutually agreed timelines, subject to delays caused by circumstances beyond Company's reasonable control or Client's failure to provide required cooperation.
d) Data Protection. Implement and maintain commercially reasonable administrative, technical, and physical safeguards to protect Client data in accordance with Section 4 of this Agreement.
e) Professional Standards. Maintain appropriate professional standards and conduct in all Client interactions.
f) Confidentiality. Maintain confidentiality of Client information in accordance with Section 8 of this Agreement.
3.2 Responsibilities of Client (Customer)
Client agrees to:
a) Accurate Information. Provide complete, accurate, current, and truthful information as reasonably required for Company to perform Services effectively.
b) Timely Cooperation. Respond to Company communications, requests, and inquiries in a prompt and professional manner. Provide timely access to personnel, data, systems, and materials reasonably necessary for Service delivery.
c) Implementation Commitment. Commit adequate internal resources and demonstrate good faith efforts to implement Company's recommendations, strategies, and action plans.
d) Payment Obligations. Make all payments when due in accordance with Section 6 of this Agreement.
e) Legal Compliance. Ensure that all data, content, business practices, and activities undertaken in connection with Services comply with all applicable federal, state, and local laws, regulations, and industry standards.
f) Professional Conduct. Engage with Company and its representatives in a professional, respectful, and courteous manner at all times.
g) System Access. Provide necessary access credentials, permissions, and technical access to platforms, systems, and tools required for Service delivery.
h) Responsive Communication. Maintain responsive communication throughout the engagement. Non-responsiveness exceeding thirty (30) consecutive days constitutes material breach under Section 10.
4. COMPREHENSIVE DATA USE, PRIVACY, COOKIES, AND SECURITY
4.1 Data Collection and Processing
a) Information Collected. Company may collect, process, store, and utilize various categories of Client information including:
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Business and contact information
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Financial and performance data
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Marketing and customer data
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Technical and system information
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Communication records and interactions
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Website usage and behavioral data
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Any information voluntarily provided by Client
b) Legal Basis. Data processing is conducted under the legal basis of contractual necessity, legitimate business interests, and Client consent where applicable.
4.2 Permitted Uses of Data
Client grants Company a limited, non-exclusive right to use collected data solely for the following purposes:
a) Service Delivery. Providing, delivering, and improving Services b) Internal Analysis. Conducting internal business analysis and service enhancement c) Marketing Communications. Providing relevant marketing materials and communications (with opt-out mechanisms) d) Benchmarking. Creating anonymized industry benchmarks and insights e) Legal Compliance. Meeting legal, regulatory, and compliance requirements
4.3 Cookies, Tracking, and Retargeting
a) Cookie Consent. By accessing Company's website or using Services, Client consents to the deployment of cookies, web beacons, tracking pixels, and similar technologies for:
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Website analytics and performance monitoring
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User experience optimization
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Retargeting and advertising campaigns
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Conversion tracking and attribution
b) Advertising and Retargeting. Company may utilize Client data to deliver targeted advertisements through third-party advertising platforms including Google Ads, Facebook Ads, LinkedIn Ads, and other digital advertising networks.
c) Opt-Out Rights. Client may disable cookies through browser settings or opt out of retargeting through platform-specific mechanisms, though this may limit Service functionality.
4.4 Data Protection and Security
a) Security Measures. Company implements industry-standard administrative, technical, and physical safeguards including:
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Encrypted data transmission and storage
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Access controls and authentication systems
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Regular security assessments and updates
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Employee training on data protection protocols
b) Security Limitations. Client acknowledges that no method of electronic transmission, internet communication, or digital storage is completely secure. Company disclaims liability for unauthorized access, data breaches, or security incidents beyond its reasonable control.
c) Breach Notification. In the event of a suspected data breach affecting Client data, Company will provide notice to Client within seventy-two (72) hours of discovery and cooperate in any required breach response activities.
4.5 Data Sharing and Third-Party Services
a) No Sale of Data. Company does not sell, rent, lease, or trade Client personal information or business data to third parties for monetary consideration.
b) Confidentiality Standard. All Client information is treated as confidential and proprietary, and will not be shared with third parties except as specified in this Agreement.
c) Authorized Disclosures. Client data may be shared only in the following circumstances:
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With trusted third-party service providers under confidentiality agreements (cloud hosting, payment processing, analytics tools)
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Where required by law, court order, or government regulation
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To prevent fraud, abuse, or unlawful activity
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With Client's express written consent
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In connection with a business transfer or acquisition (subject to confidentiality protections)
4.6 Third-Party Service Providers
Services may utilize third-party vendors for hosting, cloud storage, payment processing, analytics, and other business functions. Client agrees to the transfer and processing of data through such providers, each of whom is contractually obligated to maintain appropriate data protection standards.
4.7 Data Retention and Deletion
Company will retain Client data for as long as necessary to provide Services and meet legal obligations. Upon termination and Client's written request, Company will delete or return Client data within ninety (90) days, except for data required to be retained by law or for legitimate business purposes.
5. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY INFORMATION
5.1 Company Intellectual Property
a) Ownership. All content, methodologies, frameworks, templates, strategies, training materials, software, algorithms, creative assets, text, graphics, images, logos, audio, video, and other materials created, developed, or provided by Company ("Company Materials") are and shall remain the sole and exclusive intellectual property of Wildly Fused LLC.
b) Protection. Company Materials are protected under United States and international copyright, trademark, trade secret, and intellectual property laws.
c) FUSION Method. The FUSION Framework/Method and all related methodologies, processes, and materials constitute proprietary trade secrets and confidential intellectual property of Wildly Fused, LLC.
5.2 Limited License Grant
Subject to Client's full payment of all fees and compliance with this Agreement, Client is granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use Company Materials solely for Client's internal business purposes during the term of the engagement.
5.3 Intellectual Property Restrictions
Client expressly agrees not to, and shall not permit any third party to:
a) Reproduction. Copy, reproduce, duplicate, or distribute Company Materials in any form or medium
b) Commercial Exploitation. Sell, sublicense, license, rent, lease, or otherwise commercially exploit Company Materials
c) Misrepresentation. Represent the FUSION Method or any Company frameworks as Client's own intellectual property
d) Derivative Works. Create derivative works, competing methodologies, training programs, or services based on Company Materials
e) Reverse Engineering. Reverse engineer, decompile, or attempt to derive source code or methodologies
f) Unauthorized Distribution. Share, publish, or distribute Company Materials to competitors or third parties
5.4 Client Content and Data
Client retains all rights to data, content, and materials provided to Company. Client grants Company a limited license to use such materials solely for performing Services under this Agreement.
5.5 Infringement Remedies
Any unauthorized use of Company intellectual property constitutes infringement and breach of contract, subjecting Client to immediate termination of Services, monetary damages, and injunctive relief.
6. FEES, PAYMENTS, BILLING, AND FINANCIAL TERMS
6.1 Fee Structure
a) Service Fees. Client agrees to pay all fees for Services as specified in the applicable Statement of Work ("SOW"), proposal, invoice, purchase order, or as otherwise agreed in writing between the parties.
b) Fee Types. Fees may include:
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One-time project fees
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Recurring subscription fees
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Hourly consulting rates
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Performance-based fees
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Retainer arrangements
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Product purchase prices
6.2 Payment Terms and Conditions
a) Advance Payment. Unless otherwise expressly agreed in writing, all payments are due in full in advance of Service commencement.
b) Recurring Services. For ongoing or subscription Services, Client authorizes Company to automatically charge the designated payment method on the agreed billing cycle.
c) Payment Due Dates. Invoiced amounts are due within fifteen (15) days of invoice date unless otherwise specified.
d) Late Payment. Overdue amounts will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.
e) Payment Methods. Company accepts payments via credit card, ACH transfer, wire transfer, or other methods as specified.
6.3 Billing and Administrative Provisions
a) Billing Cycle. Recurring Services will be billed monthly, quarterly, or annually as specified in the applicable SOW.
b) Billing Disputes. Client must notify Company of billing disputes within thirty (30) days of invoice date. Undisputed amounts remain due and payable.
c) Taxes. Client is responsible for all applicable federal, state, and local taxes, duties, and assessments related to Services.
d) Expenses. Unless otherwise agreed, Client will reimburse Company for reasonable pre-approved expenses incurred in performing Services.
6.4 Non-Payment Consequences
a) Service Suspension. Failure to make timely payments constitutes material breach and may result in immediate suspension or termination of Services without further notice.
b) Collection Costs. Client agrees to pay all costs of collection, including reasonable attorneys' fees and court costs.
c) Credit Reporting. Company reserves the right to report delinquent accounts to credit reporting agencies.
6.5 Refund Policy
a) General Rule. All fees paid are non-refundable and non-transferable.
b) Discretionary Adjustments. Company may, in its sole discretion, provide service credits, adjustments, or alternative arrangements to address Client concerns in good faith.
c) Unused Services. No refunds will be provided for unused Services or early termination by Client.
7. SERVICE ACCESS, AVAILABILITY, AND PERFORMANCE
7.1 Service Availability
a) Reasonable Efforts. Company will use commercially reasonable efforts to maintain availability and accessibility of Services.
b) No Uptime Guarantee. Company does not guarantee uninterrupted, error-free, or continuously available Service operation.
c) Scheduled Maintenance. Company may perform scheduled maintenance during reasonable hours with advance notice when practicable.
7.2 Service Interruptions and Downtime
a) Planned Downtime. Company may schedule maintenance, updates, or improvements that temporarily interrupt Service availability.
b) Unplanned Outages. Service interruptions may occur due to technical issues, third-party provider failures, internet connectivity problems, or other factors beyond Company's control.
c) No Liability for Downtime. Company is not liable for Service interruptions, downtime, or resulting business impacts.
7.3 Service Modifications and Updates
a) Right to Modify. Company reserves the right to modify, update, enhance, or discontinue any aspect of Services at any time.
b) Material Changes. Material modifications affecting active Client engagements will be communicated with reasonable advance notice.
c) Backward Compatibility. Company will use reasonable efforts to maintain backward compatibility but does not guarantee compatibility with Client's existing systems or processes.
8. CONFIDENTIALITY AND NON-DISCLOSURE
8.1 Definition of Confidential Information
"Confidential Information" means any and all non-public, proprietary, or confidential information disclosed by either party, including but not limited to:
a) Business Information. Business strategies, financial data, customer lists, pricing information, marketing plans
b) Technical Information. Methodologies, processes, algorithms, software, systems, and technical specifications
c) Commercial Information. Trade secrets, competitive intelligence, vendor relationships, and strategic plans
d) Personal Information. Personal data, contact information, and individual details
8.2 Confidentiality Obligations
Each party agrees to:
a) Non-Disclosure. Maintain strict confidentiality of all Confidential Information received from the other party
b) Limited Use. Use Confidential Information solely for purposes of this Agreement
c) Protection Standards. Apply the same degree of care to protect Confidential Information as applied to its own confidential information, but in no event less than reasonable care
d) Access Limitation. Limit access to Confidential Information to employees and contractors with a legitimate need to know
8.3 Exceptions to Confidentiality
Confidentiality obligations do not apply to information that:
a) Public Domain. Is or becomes publicly available through no breach of this Agreement
b) Prior Knowledge. Was rightfully known prior to disclosure
c) Independent Development. Is independently developed without use of Confidential Information
d) Third-Party Source. Is rightfully received from a third party without confidentiality restrictions
e) Legal Requirement. Must be disclosed pursuant to law, court order, or government regulation
8.4 Survival and Remedies
Confidentiality obligations survive termination of this Agreement for a period of five (5) years. Breach of confidentiality may result in immediate injunctive relief and monetary damages.
9. DATA EXPORT AND PORTABILITY
9.1 Data Export Rights
Upon written request and provided Client's account is in good standing with all fees current, Company will provide Client with access to data generated during the engagement in commonly used formats.
9.2 Export Process and Limitations
a) Request Requirements. Data export requests must be submitted in writing with specific identification of requested data.
b) Feasibility Assessment. Company will assess the technical feasibility and scope of each export request.
c) Format and Delivery. Data will be provided in standard formats (CSV, PDF, etc.) via secure electronic delivery methods.
d) Administrative Fees. Complex or extensive data export requests may be subject to reasonable administrative fees.
9.3 Data Export Exclusions
The following data may be excluded from export:
a) Proprietary methodologies and frameworks
b) Company's confidential business information
c) Third-party proprietary data or information d) Data that cannot be technically separated or extracted
10. TERM, TERMINATION, AND SUSPENSION
10.1 Agreement Term
This Agreement commences upon Client's first purchase, access, or use of Services and continues until terminated in accordance with the provisions of this Section.
10.2 Termination by Company
Company may suspend or terminate Services immediately upon written notice if Client:
a) Material Breach. Commits any material breach of this Agreement that remains uncured after ten (10) days written notice
b) Payment Default. Fails to make required payments when due
c) Non-Responsiveness. Remains unresponsive to Company communications for more than thirty (30) consecutive days
d) Misconduct. Engages in abusive, threatening, discriminatory, or unlawful conduct toward Company personnel
e) Legal Violation. Violates applicable laws or regulations in connection with Services
f) Insolvency. Becomes insolvent, makes an assignment for the benefit of creditors, or has a petition in bankruptcy filed
10.3 Termination by Client
a) Convenience Termination. Client may terminate Services at any time upon thirty (30) days written notice.
b) No Refund. Termination by Client does not entitle Client to any refund of fees paid.
c) Outstanding Obligations. All outstanding payment obligations remain due and payable upon termination.
10.4 Effects of Termination
Upon termination:
a) Service Cessation. Company will cease providing Services as of the termination date
b) Data Access. Client's access to Company platforms and materials will be discontinued
c) Payment Obligations. All outstanding fees become immediately due and payable
d) Return of Materials. Each party will return or destroy the other party's Confidential Information upon request
10.5 Survival
The following provisions survive termination: intellectual property rights, payment obligations, confidentiality, disclaimers, limitation of liability, indemnification, and governing law.
11. DISCLAIMER OF WARRANTIES
11.1 "AS IS" BASIS. SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
11.2 COMPREHENSIVE DISCLAIMER. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
a) IMPLIED WARRANTIES OF MERCHANTABILITY
b) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
c) IMPLIED WARRANTIES OF NON-INFRINGEMENT
d) WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
e) WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION
f) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
11.3 NO GUARANTEE OF OUTCOMES. COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY OR GUARANTEE REGARDING BUSINESS RESULTS, REVENUE INCREASES, COST SAVINGS, PERFORMANCE IMPROVEMENTS, OR ANY OTHER BUSINESS OUTCOMES.
11.4 THIRD-PARTY DISCLAIMERS. COMPANY DISCLAIMS ALL WARRANTIES REGARDING THIRD-PARTY PLATFORMS, SOFTWARE, OR SERVICES RECOMMENDED OR INTEGRATED IN CONNECTION WITH SERVICES.
12. LIMITATION OF LIABILITY
12.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY:
a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
b) LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES
c) LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF REPUTATION
d) BUSINESS INTERRUPTION OR OPERATIONAL DELAYS
e) COST OF SUBSTITUTE SERVICES OR REPLACEMENT PRODUCTS
12.2 LIABILITY CAP. COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
12.3 ESSENTIAL PURPOSE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT AN ESSENTIAL PURPOSE OF THIS AGREEMENT AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
12.4 APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE FULL EXTENT IN ALL CASES.
13. INDEMNIFICATION
13.1 Client Indemnification
Client agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
a) Client's breach of this Agreement or violation of any representation or warranty
b) Client's use or misuse of Services
c) Client's violation of applicable laws, regulations, or third-party rights
d) Client's negligent acts or omissions
e) Claims that Client's content, data, or materials infringe third-party intellectual property rights
f) Client's failure to pay taxes or obtain required licenses or permits
13.2 Indemnification Process
a) Notice. The indemnified party will promptly notify the indemnifying party of any claim subject to indemnification.
b) Control. The indemnifying party may assume control of the defense with counsel of its choice.
c) Cooperation. The indemnified party will provide reasonable cooperation in the defense.
d) Settlement. No settlement may be made without the indemnified party's consent if it imposes obligations on the indemnified party.
14. FORCE MAJEURE
Company shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from circumstances beyond Company's reasonable control, including but not limited to:
a) Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
b) Pandemics, epidemics, or public health emergencies
c) Wars, terrorism, civil unrest, or government actions
d) Labor strikes, labor disputes, or labor shortages
e) Internet outages, telecommunications failures, or power outages
f) Third-party service provider failures or cyber attacks
g) Government regulations, sanctions, or legal restrictions
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to conflict of laws principles.
15.2 Dispute Resolution Process
a) Good Faith Negotiations. Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be subject to good faith negotiations between the parties for a period of thirty (30) days.
b) Binding Arbitration. If unresolved through negotiations, the dispute shall be submitted to final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
c) Arbitration Location. Arbitration proceedings shall be conducted in Boston, Massachusetts.
d) Arbitrator Selection. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules.
e) Arbitration Award. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
15.3 Exceptions to Arbitration
Notwithstanding the foregoing, Company may seek injunctive or equitable relief in any court of competent jurisdiction to:
a) Prevent misuse or infringement of its intellectual property rights
b) Protect confidential information
c) Enforce payment obligations
d) Obtain emergency relief pending arbitration
15.4 Class Action Waiver
EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE OTHER PARTY.
16. NOTICES AND COMMUNICATIONS
16.1 Notice Requirements
All notices, demands, or other communications required or permitted under this Agreement shall be in writing and delivered by:
a) Email to the designated email addresses
b) Certified mail, return receipt requested
c) Nationally recognized courier service
d) Personal delivery with receipt acknowledgment
16.2 Effective Date
Notices shall be deemed effective:
a) For email: Upon sender's receipt of delivery confirmation
b) For certified mail: Three (3) business days after deposit in the mail
c) For courier service: Upon delivery
d) For personal delivery: Upon receipt
16.3 Address Changes
Parties must provide written notice of any change in contact information.
17. MISCELLANEOUS PROVISIONS
17.1 Independent Contractor Relationship
The parties acknowledge and agree that Company is an independent contractor and not an employee, partner, joint venturer, agent, or legal representative of Client. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between the parties.
17.2 Assignment Rights and Restrictions
a) Client Assignment Prohibition. Customer shall not assign these Terms or any of its rights or delegate any of its duties under the Terms without the prior written consent of Provider. Subject to the foregoing, these Terms will be binding upon, enforceable by, and inure to the benefit of the Parties and their respective successors and assigns. Any attempted assignment in violation of this section shall be null and void.
b) Company Assignment Rights. Company may freely assign this Agreement or any of its rights hereunder without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
17.3 Entire Agreement and Amendment Process
a) Complete Agreement. These Terms, together with any SOW and Supplemental Terms, constitute the entire agreement and supersedes any and all prior agreements between Customer and Provider regarding the subject matter hereof. In the event of a conflict between any SOW or purchase order and these Terms, these Terms shall prevail.
b) Amendment Authority. Provider may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Customer is to read these Terms carefully before Customer starts to use Provider's Service(s) or Websites, as these will apply to Customer's use of the Service(s) and Our Websites.
c) Notice of Changes. Customer is to check these Terms from time to time to take notice of any changes Provider makes, as they will be binding on Customer. Provider will notify Customer not less than ten (10) days prior to the effective date of any amendments to these terms of service and Customer's continued use of the Service(s) following the effective date of any such amendment may be relied upon by Provider as Customer's acceptance of any such amendment.
d) Supplemental Terms. With respect to amendments only to the Supplemental Terms, Provider will notify Customer as aforementioned only if the Supplemental Terms are applicable to Customer.
e) Waiver of Enforcement. Provider's failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
17.4 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17.5 Waiver
No waiver of any breach or default under this Agreement shall be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by the waiving party.
17.6 Counterparts and Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
17.7 Section Headings
Section headings and captions are provided for convenience only and shall not affect the interpretation or construction of this Agreement.
17.8 Survival
All provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, payment obligations, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution.
17.9 Language and Interpretation
This Agreement is written in English, which shall be the controlling language for all purposes. Any translation is provided for convenience only.
17.10 Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the parties hereto and their permitted successors and assigns, and no other person or entity shall have any rights or benefits hereunder.
18. ACKNOWLEDGMENT AND ACCEPTANCE
By using our website, engaging our services, or making a purchase, you acknowledge that:
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You have read and understood these Terms
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You agree to be legally bound by all provisions
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You have authority to enter into this agreement
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You understand that business results are not guaranteed
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You accept the limitation of liability and arbitration provisions
Questions? Contact us at logan@wildlyfused.com before using our services if you have any questions about these Terms.
These Terms are effective as of the date above and supersede all previous agreements. We reserve the right to update these Terms with 10 days notice.
* This web constitutes a legally binding agreement. Please consult with legal counsel if you have questions about your rights and obligations under these Terms.
