These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other products and services, including email services, website hosting, content management, marketing services and various other message communication applications (collectively, our “Services”) provided by Peritus Marketing, LLC (“Peritus”, “we”, or “us”).  By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services. If you do not agree to these Terms, including the mandatory arbitration provision, do not access or use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services.  Additional terms shall be documented in a separate Statement of Work (SOW). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.

If you have any questions about these Terms or our Services, please contact us at info@peritusmarketing.com.

TERM. The Terms of Service shall commence immediately, and the Terms will renew on a month-to-month basis unless terminated in accordance with Section 9 of these Terms of Service.

SERVICES PROVIDED. Peritus agrees to provide the digital marketing services for Client subject to the terms and conditions of this Agreement.

PAYMENT TERMS. The fee for Services provided under these Terms of Service are outlined on our pricing page and may be subject to change. All payments shall be made via credit card or ACH.

COPYRIGHT & INTELLECTUAL PROPERTY. All campaigns, images, and other material produced under the scope of these Terms of Service are the intellectual property of the Client. Peritus reserves the right to reference design credit for assets created for the Client.

CONFIDENTIALITY. Peritus and Client acknowledge that information of a confidential nature may be disclosed between the Parties (“Confidential Information”). Neither Party has the right to disclose the Confidential Information of the other, in whole or in part, to any third Party, and neither Party will make use of the Confidential Information of the other for its own or a third Party’s benefit or in any way use such Confidential Information other than for the purposes of performance of this Agreement without the prior written consent of the disclosing Party. Each Party agrees to take all steps reasonable to protect the other’s Confidential Information from unauthorized use and | or disclosure.

INDEMNIFICATION. Each party shall indemnify and hold the other party harmless from and against any and all losses, claims, damages, lawsuits, expenses (including reasonable attorneys’ fees) and other liabilities which result in any way from a breach of these Terms of Service. Notwithstanding any provisions to the contrary, under no circumstances shall either party be liable to the other for special, punitive, incidental, indirect or consequential damages.

ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration in Riverside, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction.

By agreeing to submit the dispute to binding arbitration, and by signing this Agreement, both Parties are waiving their rights to a trial by jury, and any rights to appellate relief. If the Parties have any questions regarding the waiver of these rights, they are urged to consult with an attorney of their choice prior to signing this Agreement.

CANCELLATION. Either party may cancel this agreement at any time by providing thirty (30) days’ written notice via certified mail or email to the other party. In the event of cancellation by the Client, Client is responsible for all remaining payments as part of Services rendered under these Terms of Service.

ENTIRE AGREEMENT. These Terms of Service, including any Statement of Work, (i) represent the full understanding of the Parties and shall supersede all previous oral or written agreements regarding the subject matter herein; (ii) shall be governed by the laws of the state of California; and, (iii) may not be amended, terminated or waived orally.