Terms of Service

Terms of Service

Last Updated: November 2025

Welcome to Activated Growth. These Terms of Service (“Terms”) govern your access to and use of our website (activatedgrowth.com) and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Acceptance of Terms

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time, and your continued use of our website constitutes acceptance of any changes.

Description of Services

Activated Growth provides marketing, branding, digital strategy, and business growth services, including but not limited to:

• Digital marketing strategy and implementation
• Website design and development
• Brand development and positioning
• Social media management
• Content creation and marketing
• SEO and analytics services
• Video production and editing
• Consulting and advisory services

Specific services provided to clients are outlined in individual service agreements or contracts.

User Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. By using our services, you represent and warrant that you meet these eligibility requirements.

Acceptable Use

When using our website and services, you agree to:

You May:

• Use our website for lawful purposes only
• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Respect intellectual property rights

You May Not:

• Use our website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or any harmful code
• Engage in any activity that disrupts or interferes with our services
• Harvest or collect information about other users
• Use our services to spam, harass, or harm others
• Impersonate any person or entity
• Remove or alter any copyright, trademark, or proprietary notices

Intellectual Property Rights

Our Content

All content on our website, including but not limited to text, graphics, logos, images, videos (including embedded YouTube and Vimeo content), software, and design elements, is the property of Activated Growth or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, distribute, or create derivative works without our written permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or attempt to extract source code from our website

Client Content

For clients engaging our services, ownership of deliverables and intellectual property is governed by individual service agreements. Generally:

• Clients retain ownership of their proprietary information and brand assets
• Activated Growth retains ownership of methodologies, processes, and templates
• Final work product ownership is transferred upon full payment, as specified in service agreements

Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Activated Growth, including embedded video content from YouTube or Vimeo. We are not responsible for the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Our website will be uninterrupted, secure, or error-free
• Results obtained from using our services will meet your expectations
• Any errors or defects will be corrected
• Our website is free from viruses or other harmful components

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVATED GROWTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO ACTIVATED GROWTH IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Activated Growth, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Your provision of inaccurate or misleading information

Service Agreements

These Terms govern use of our website. Specific services provided to clients are governed by separate service agreements or contracts, which will include:

• Scope of work and deliverables
• Timelines and milestones
• Payment terms and conditions
• Confidentiality provisions
• Termination conditions
• Dispute resolution procedures

In the event of conflict between these Terms and a service agreement, the service agreement shall prevail for matters related to those specific services.

Payment and Fees

For paid services:

• Fees are specified in service agreements or invoices
• Payment terms are outlined in individual agreements
• Late payments may incur interest charges as permitted by law
• All fees are non-refundable unless otherwise specified in writing
• You are responsible for all applicable taxes

Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of our business relationship, as further detailed in individual service agreements or non-disclosure agreements.

Termination

By You

You may stop using our website at any time. For contracted services, termination provisions are outlined in service agreements.

By Us

We reserve the right to suspend or terminate your access to our website or services at any time, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment for services
• Any other reason at our sole discretion

Effect of Termination

Upon termination:

• Your right to use our website and services immediately ceases
• Outstanding payment obligations remain in effect
• Provisions that by their nature should survive (confidentiality, indemnification, limitations of liability) will continue

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to conflict of law principles.

Jurisdiction

You agree that any disputes arising out of or relating to these Terms or our services shall be resolved in the state or federal courts located in Minnesota, and you consent to the exclusive jurisdiction of such courts.

Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at info@activatedgrowth.com to attempt to resolve the dispute informally.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Activated Growth regarding use of our website and services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Activated Growth.

Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

Contact Information

If you have questions about these Terms, please contact us:

Activated Growth
Email: info@activatedgrowth.com
Phone: 651-247-8816
Website: activatedgrowth.com

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Material changes will be indicated by updating the “Last Updated” date at the top of this page. Your continued use of our website after changes are posted constitutes acceptance of the modified Terms.

Effective Date: November 2025

By using our website and services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.