Terms and Conditions

1. Scope and Definitions

These Terms and Conditions (“Terms”) govern access to and use of mitchellpeak.org, including its pages, forms, portals, content, and related digital properties (collectively, the “Website”), and the advertising, marketing, consulting, creative, technology, and related services offered by Mitchell Peak Enterprises LLC (“Mitchell Peak,” “Company,” “we,” “us,” or “our”). “You,” “your,” “user,” or “Client” means any person or entity accessing the Website, submitting information, purchasing services, or entering into an agreement with us.

If a separately signed proposal, statement of work, order form, or service agreement conflicts with these Terms, the separately signed agreement controls for that engagement.

2. Services

Depending on the applicable written agreement, our services may include advertising strategy, campaign creation or management, social media marketing, search marketing, lead-generation support, branding, creative development, website or landing-page consulting, funnels, automation, CRM assistance, copy, graphics, video coordination, audience research, campaign optimization, marketing technology, and related business consulting.

The specific deliverables, schedule, fees, revision limits, responsibilities, and exclusions for each engagement will be stated in the applicable written agreement.

3. Eligibility and Authority

By using the Website or purchasing services, you represent that you are at least 18 years old, legally capable of entering a contract, and authorized to bind any business you represent. You agree to provide accurate information, use the Website and services lawfully, and comply with applicable federal, state, and local laws. Nothing in these Terms waives a consumer right that cannot legally be waived.

4. Proposals, Acceptance, and Scope Changes

A proposal, estimate, consultation, or discussion does not require Mitchell Peak to provide services until we accept the engagement. Acceptance may occur through a signed or electronically accepted agreement, acceptance of a proposal, payment of an invoice or deposit, written authorization to begin, or another legally enforceable method. Changes to scope require written approval and may result in additional charges or revised deadlines.

5. Electronic Communications and Signatures

You consent to receive agreements, notices, disclosures, invoices, and records electronically. Electronic signatures, checkbox acceptances, payment authorizations, and electronically stored records may have the same legal effect as paper records and handwritten signatures to the extent permitted by law. You are responsible for maintaining current contact information and reviewing communications we send.

6. Client Responsibilities

The Client must timely provide accurate information, approvals, account access, credentials, brand assets, content, legal disclosures, and other materials reasonably necessary to perform the services. The Client is responsible for:

• Reviewing and approving advertisements and deliverables before publication;
• Ensuring factual and promotional claims are accurate and substantiated;
• Obtaining rights to all trademarks, images, testimonials, customer lists, and other materials;
• Maintaining products, services, licenses, fulfillment, staffing, and customer support;
• Following up with leads and prospects;
• Complying with privacy, advertising, email, telephone, and text-message laws;
• Protecting credentials and maintaining appropriate account security;
• Maintaining adequate funds in advertising and vendor accounts; and
• Promptly reporting errors or suspected unauthorized activity.

Client delays may extend deadlines. Mitchell Peak is not responsible for delays caused by the Client or third parties.

7. Advertising Accounts and Third-Party Platforms

Services may involve Meta, Facebook, Instagram, Google, Microsoft, TikTok, LinkedIn, YouTube, website platforms, CRM providers, analytics tools, payment processors, and other third parties. Their products are governed by their own terms and policies.

Mitchell Peak does not control or guarantee account approval, advertisement approval, continued availability, placement, delivery, costs, platform uptime, audience availability, reinstatement, search ranking, lead volume, or lead quality. Unless expressly included in writing, advertising spend and third-party charges are paid separately by the Client.

8. No Guarantee of Results

Marketing results depend on factors outside our control, including competition, budget, pricing, offer quality, reputation, platform algorithms, audience behavior, response time, sales ability, economic conditions, and Client participation.

We do not guarantee any specific number of leads, appointments, customers, sales, revenue, profit, return on investment, conversion rate, search ranking, funding approval, platform approval, or social-media engagement. Testimonials, case studies, examples, and projections are illustrative and do not promise comparable results.

9. Client Content and Advertising Claims

“Client Content” includes all text, data, images, videos, logos, trademarks, customer information, claims, and instructions supplied or approved by the Client. The Client represents that it owns or has permission to use Client Content; that the content does not infringe another party’s rights; and that all claims, endorsements, licenses, disclaimers, and permissions comply with applicable law.

The Client grants Mitchell Peak a nonexclusive, worldwide, royalty-free license to use and adapt Client Content only as reasonably necessary to provide the services. We may refuse content reasonably believed to be unlawful, deceptive, infringing, harmful, or contrary to platform rules.

10. Reviews, Testimonials, and Endorsements

Reviews and endorsements must reflect honest opinions and actual experiences. Material connections—including payments, free services, discounts, employment, family relationships, or incentives—must be clearly disclosed when required. The Client may not direct us to create fake reviews, purchase deceptive engagement, unlawfully suppress legitimate criticism, misrepresent an endorser’s experience, or make unsupported earnings or performance claims.

11. Intellectual Property

Company Property

The Website and Mitchell Peak’s original text, graphics, layouts, processes, systems, templates, software, trademarks, and other materials are owned by or licensed to Mitchell Peak. They may not be copied, sold, scraped, reverse engineered, or commercially exploited without written permission.

Client Deliverables

Unless otherwise stated in writing, the Client receives rights to final, approved, fully paid custom deliverables. Mitchell Peak retains its preexisting materials, processes, templates, methods, working files, source files, know-how, and reusable components. Third-party assets remain subject to their licenses. Drafts, rejected concepts, and unpaid work remain Mitchell Peak property. No ownership transfer occurs until full payment.

Portfolio Rights

Unless prohibited by written agreement, Mitchell Peak may identify the Client as a customer and display publicly released work in its portfolio and promotional materials. A Client may withdraw prospective permission by emailing [email protected].

12. Fees, Payments, and Taxes

Fees and due dates appear in the applicable agreement or invoice. Unless otherwise stated, payments are in U.S. dollars, required deposits must be paid before work begins, recurring charges are due on their scheduled dates, and the Client is responsible for applicable taxes and third-party charges. Nonpayment may result in suspension. Late charges and collection costs will not exceed amounts permitted by law.

13. Recurring Billing and Automatic Renewal

For recurring services, the checkout page or service agreement will disclose the billing frequency, charge, renewal terms, and cancellation method before enrollment. By enrolling, the Client authorizes charges at the disclosed intervals until cancellation. Cancel using the method in the service agreement or email [email protected]. Cancellation applies according to the agreement and does not retroactively reverse valid charges, except where law requires otherwise. Required renewal notices and cancellation mechanisms will be provided under applicable law.

14. Cancellations and Refunds

Cancellation and refund rights are governed by the applicable service agreement and mandatory law. Unless otherwise stated, amounts for completed services are nonrefundable; advertising spend and incurred third-party charges are nonrefundable; deposits may be applied to reserved capacity and work performed; custom work already begun may be charged based on completion and commitments incurred; and cancellation does not eliminate amounts already due. Requests must be sent to [email protected]. Any nonwaivable cancellation, rescission, or refund right under applicable law controls.

15. Payment Disputes and Chargebacks

Before initiating a chargeback, the Client should contact us and provide a reasonable opportunity to investigate. This does not limit lawful billing-dispute rights. Knowingly filing a false dispute, describing an authorized transaction as unauthorized, or withholding material facts may breach these Terms. We may provide agreements, communications, access records, work product, delivery evidence, and approvals to payment processors and financial institutions when responding to a dispute.

16. Confidentiality

Each party will use reasonable care to protect the other party’s confidential business information and use it only for the engagement. Confidential information excludes information that becomes public without wrongdoing, was lawfully known without restriction, is independently developed, or is lawfully obtained elsewhere. Disclosure is permitted when legally required, subject to any legally permitted notice.

17. Privacy and Security

Website data practices are also governed by our Privacy Policy. A Client providing customer, prospect, lead, or employee data represents that required notices have been provided and permissions obtained. Sensitive or regulated information must not be submitted unless specifically authorized and appropriately safeguarded. No electronic system is completely secure. Clients must maintain backups and secure their accounts, passwords, devices, and systems.

18. Email, Telephone, and Text Marketing

The Client is responsible for consent, identification, disclosures, recordkeeping, calling times, opt-outs, suppression lists, and registrations required for its communications. Purchased, scraped, unlawfully obtained, or improperly consented lists may not be used. Clients must document consent, honor STOP/unsubscribe/do-not-call requests, use accurate sender identification, and promptly report complaints. We may suspend campaigns presenting legal, platform, or reputational risk.

19. Artificial Intelligence and Automation

Mitchell Peak may use AI or automated tools for research, drafting, concepts, campaign analysis, optimization, and administration. AI-assisted material may contain errors and requires human review. Unless agreed otherwise, the Client must review final material before publication and confirm its accuracy and appropriateness. Confidential, regulated, or sensitive information must not be submitted for AI processing without authorization and suitable safeguards.

20. Acceptable Use

You may not use the Website or services to violate law or third-party rights; promote fraud, deception, discrimination, harassment, or illegal activity; distribute malicious code; gain unauthorized access; unlawfully harvest information; send spam; impersonate others; misrepresent products or results; disrupt systems; or assist prohibited conduct. We may suspend or terminate access for suspected violations.

21. Third-Party Links

Links to third-party sites are provided for convenience and do not necessarily constitute endorsement. Mitchell Peak is not responsible for third-party availability, security, accuracy, privacy practices, content, or conduct. Third-party use is at your risk and governed by the third party’s terms.

22. Website Availability and Updates

We may modify, suspend, or discontinue noncontractual Website features and do not guarantee uninterrupted or error-free access. We may update these Terms prospectively by posting a revised date and providing additional notice or consent when legally required. Updates will not retroactively change material rights for purchased services unless agreed or required by law.

23. Disclaimer of Warranties

24. Limitation of Liability

25. Indemnification

To the extent permitted by law, a business Client will defend, indemnify, and hold harmless Mitchell Peak and its members, managers, personnel, contractors, affiliates, and agents from third-party claims and reasonable legal expenses arising from Client Content; the Client’s products, services, advertising claims, or conduct; violation of law, platform policy, or these Terms; infringement; misuse of leads or personal information; or Client instructions. A consumer is not required to indemnify Mitchell Peak for our own unlawful, negligent, or wrongful conduct where prohibited.

26. Suspension and Termination

We may suspend or terminate services for material breach, nonpayment, unlawful or deceptive conduct, security threats, lack of necessary cooperation, platform restrictions, or another reason permitted by the applicable agreement. When practical, we will provide notice and an opportunity to cure a remediable breach. Accrued payment, ownership, confidentiality, dispute, and survival provisions remain effective after termination.

27. Informal Dispute Resolution

Before arbitration or litigation, the complaining party must provide written notice containing its contact information, the relevant transaction, the facts, and requested resolution. Notices to Mitchell Peak must be emailed to [email protected] with the subject “Legal Dispute Notice.” The parties will attempt good-faith resolution for at least 30 days. Either party may seek urgent relief to prevent imminent harm, protect intellectual property, or preserve a legal deadline.

28. Binding Individual Arbitration

29. Class-Action and Jury-Trial Waiver

30. Governing Law and Venue

Utah law governs these Terms without regard to conflict-of-law rules, except where federal law or a user’s nonwaivable home-state rights apply. Court proceedings permitted under these Terms must be filed in a court with jurisdiction in Utah County, Utah, unless mandatory consumer law requires another forum.

31. State-Specific and Consumer Rights

These Terms are intended for use throughout the United States. State laws differ, and no provision waives a right or remedy that cannot legally be waived. Mandatory consumer protections, state cancellation rights, required automatic-renewal notices, and legally required remedies remain available. California and New Jersey residents retain all applicable nonwaivable protections. Where another state requires a different notice, forum, procedure, or disclosure, that requirement controls.

32. Copyright Complaints

A copyright complaint sent to [email protected] should include a physical or electronic signature; identification of the protected work; identification and location of the challenged material; the complainant’s contact information; a good-faith statement that the use is unauthorized; and a statement under penalty of perjury that the information is accurate and the sender is authorized to act. Knowingly false notices may create liability.

33. Force Majeure

Neither party is liable for delay or failure caused by circumstances beyond reasonable control, including disasters, severe weather, epidemics, war, civil unrest, labor disputes, utility or internet failures, cyberattacks, government action, and third-party platform interruption. This does not excuse payment for services already performed.

34. Assignment

You may not assign these Terms or a service agreement without our prior written consent, except in a lawful sale of substantially all relevant business assets. Mitchell Peak may assign an agreement in connection with a merger, reorganization, financing, Company sale, or transfer of substantially all related assets, subject to law.

35. Severability, Waiver, and Interpretation

If a provision is unlawful or unenforceable, it will be enforced to the maximum permitted extent and modified only as necessary where allowed. The remaining provisions continue in effect. Failure to enforce a provision is not a waiver. A waiver must be written and applies only to the expressly identified matter. Headings are for convenience and do not affect interpretation.

36. Entire Agreement

These Terms, our Privacy Policy, and any applicable proposal, invoice, order form, statement of work, or service agreement constitute the entire agreement concerning their subject matter and replace prior discussions and representations regarding that subject matter.