Everything we do is designed to get you Where you want to be.™
Last Updated: 6.1.26
For purposes of these Terms of Service ("Terms"):
Company,” “we,” “us,” and “our” refer to Spoke Marketing, LLC, together with its affiliates, subsidiaries, successors, assigns, officers, directors, employees, contractors, licensors, and service providers.
“Website” means all websites, landing pages, microsites, applications, downloadable materials, forms, communications, digital assets, and online services owned, operated, or controlled by the Company.
“Service” means all content, information, software, functionality, communications, products, resources, materials, downloads, reports, videos, webinars, AI-generated content, and services made available through the Website.
“Content” means text, graphics, images, videos, audio, code, software, data, reports, downloads, and all other materials appearing on or transmitted through the Service.
“User,” “you,” and “your” refer to any person or entity that accesses or uses the Service.
“User Content” means any information, submissions, comments, communications, feedback, files, data, forms, or other materials provided by you through the Service.
“Third-Party Services” means services, technologies, platforms, software, APIs, analytics providers, advertising networks, embedded content, payment processors, scheduling tools, and other third-party systems used in connection with the Service.
“Applicable Law” means all federal, state, local, and international laws, regulations, rules, and ordinances applicable to the use of the Service.
“Claim” means any dispute, controversy, claim, cause of action, demand, investigation, or proceeding arising out of or relating to the Service, these Terms, or the relationship between you and the Company.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, Accessibility Statement, and any other policies or notices incorporated herein by reference.
If you do not agree to these Terms, you must immediately discontinue use of the Service.
Your continued use of the Service constitutes acceptance of any modifications to these Terms. We reserve the right to revise these Terms at any time. Changes become effective upon posting unless otherwise stated. Your continued use of the Service after any update constitutes acceptance of the revised Terms.
These Terms constitute a legally binding agreement between you and the Company.
No oral statements, emails, advertisements, website content, proposals, discussions, or other communications shall modify these Terms unless expressly set forth in a written agreement signed by an authorized officer of the Company.
You represent and warrant that:
You are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements.
You will use the Service only in compliance with Applicable Law.
You are not prohibited from using the Service under any Applicable Law.
If you are acting on behalf of a company or other legal entity, you have authority to bind that entity to these Terms.
You consent to receive all communications electronically, including disclosures, notices, agreements, invoices, records, and other communications. Electronic communications satisfy any legal requirement that such communications be in writing.
You agree that electronic signatures, acknowledgments, and records shall have the same legal effect as physical signatures and paper documents.
You are responsible for maintaining accurate contact information and ensuring that you can receive electronic communications from the Company.
Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for its intended purposes and in accordance with these Terms.
No ownership rights are transferred to you. All rights not expressly granted are reserved by Company.
Your right to use the Service may be suspended or terminated at any time, with or without notice, in Company's sole discretion.
The Service is provided for lawful purposes only. You may not use the Service in any manner that interferes with or disrupts the Service or infringes the rights of Company or any third party.
Nothing contained on the Service shall be construed as granting any license or right to use any trademark, service mark, logo, trade name, or other proprietary asset without prior written consent from Company.
You agree not to:
Use the Service for any unlawful purpose.
Violate any Applicable Law.
Upload, transmit, or distribute malicious code, viruses, malware, or harmful software.
Interfere with the operation, integrity, or security of the Service.
Attempt to gain unauthorized access to any system, server, network, account, or data.
Impersonate any individual or entity.
Misrepresent your identity or affiliation.
Collect personal information from users without authorization.
Circumvent or attempt to circumvent security measures.
Interfere with another person's use of the Service.
Use the Service to harass, abuse, threaten, or defame others.
Use the Service to violate intellectual property rights.
Use automated means to create excessive requests or otherwise burden the Service.
Use the Service to conduct competitive analysis, benchmarking, monitoring, or claim generation activities.
Use the Service in connection with litigation support, evidence gathering, or investigation without Company's prior written consent.
Submit false or misleading information.
Use the Service to generate spam or unauthorized communications.
Company reserves the right to investigate any suspected violation and may suspend or terminate access without notice.
Except as expressly authorized in writing by Company, you may not:
Use bots, crawlers, spiders, scrapers, automated scripts, agents, or similar technologies to access or monitor the Service.
Extract, copy, harvest, download, or aggregate content or metadata from the Service.
Access hidden content, source code, APIs, network traffic, developer tools, or browser communications beyond ordinary consumer use.
Circumvent technological protections or rate limitations.
Reverse engineer, decompile, disassemble, decode, or derive source code from the Service.
Mirror or frame any portion of the Service.
Use the Service to train, fine-tune, evaluate, benchmark, or improve machine learning models, large language models, neural networks, artificial intelligence systems, or similar technologies.
Use the Service or its contents to create derivative databases, datasets, embeddings, or synthetic training materials.
Deploy agents acting on your behalf to engage in prohibited activities.
Any unauthorized automated access constitutes a material breach of these Terms and may result in immediate termination of access.
Nothing contained herein shall prohibit activities expressly permitted by Applicable Law to the extent such rights cannot legally be waived.
The Service and all Content are owned by or licensed to Company and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws.
Without limitation, Company retains all right, title, and interest in:
Website content
Text
Graphics
Logos
Designs
Images
Videos
Downloads
Reports
Source code
Databases
Documentatio.
Audio recordings
Marketing materials
AI-generated materials
Processes, methodologies, and frameworks
No ownership rights are transferred to you by virtue of your use of the Service.
Any feedback, suggestions, ideas, recommendations, or comments you provide may be used by Company without restriction and without compensation.
You acknowledge that unauthorized use of Company intellectual property may cause irreparable harm for which monetary damages alone may be inadequate, and Company shall be entitled to seek injunctive relief in addition to all other remedies available at law or equity.
You are solely responsible for all User Content you provide.
By submitting User Content, you represent and warrant that:
You own or control all rights necessary to provide the content.
The content does not infringe the rights of any third party.
The content is accurate and lawful.
The content does not contain malicious software or unlawful material.
You grant Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, store, modify, adapt, publish, distribute, display, and create derivative works from User Content for purposes of operating, improving, promoting, and providing the Service.
Company has no obligation to maintain confidentiality regarding User Content unless otherwise agreed in a separate written agreement signed by an authorized officer of Company.
Company reserves the right, but not the obligation, to monitor, review, edit, remove, or refuse any User Content for any reason.
Company assumes no responsibility or liability for User Content submitted by users.
You acknowledge that information transmitted through the Internet may not be secure and that Company cannot guarantee confidentiality or security of User Content.
The Service may contain testimonials, case studies, examples, reviews, endorsements, statistics, projections, or descriptions of prior results. Such materials are provided solely for illustrative purposes.
Past performance does not guarantee future results.
Individual results vary based upon numerous factors beyond Company's control, including market conditions, competition, industry trends, customer behavior, budgets, execution, timing, and third-party platforms.
Company makes no representations, warranties, or guarantees regarding:
Revenue growth;
Profitability;
Lead generation;
Search engine rankings;
Website traffic;
Advertising performance;
Conversion rates;
Customer acquisition;
Return on investment;
Brand awareness; or
Any other business outcome.
Any estimates, projections, examples, or forecasts are opinions only and should not be interpreted as guarantees.
You acknowledge that all business decisions involve risk and that you are solely responsible for evaluating and implementing any recommendations.
The Service is provided for informational and educational purposes only.
Nothing contained in the Service constitutes legal, tax, accounting, financial, investment, employment, medical, cybersecurity, or other professional advice.
No attorney-client, fiduciary, agency, joint venture, partnership, or advisory relationship is created through your use of the Service.
You should consult qualified professionals before making business, financial, legal, or strategic decisions.
Company disclaims all liability arising from reliance upon information made available through the Service.
Certain portions of the Service, reports, analyses, communications, or content may be generated or assisted by artificial intelligence technologies.
Artificial intelligence systems are inherently probabilistic and may produce inaccurate, incomplete, outdated, misleading, or erroneous information.
Accordingly:
AI-generated outputs should be independently verified.
Company does not warrant the accuracy, completeness, or suitability of AI-generated materials.
AI-generated content is provided solely as informational material.
Company makes no guarantees that AI-generated content is free from errors, bias, hallucinations, omissions, or inaccuracies.
You acknowledge that you are solely responsible for evaluating and relying upon any information generated or provided through AI-assisted technologies.
The Service may contain integrations, links, embedded content, software, APIs, or technologies provided by third parties.
Without limitation, Company may utilize:
HubSpot;
Google Analytics;
Google Ads;
Meta Pixel;
LinkedIn Insight Tag;
Microsoft Clarity;
Calendly;
Vimeo;
YouTube;
Payment processors;
Hosting providers;
Cloud service providers;
Customer relationship management systems; and
Other third-party technologies.
Company does not control and is not responsible for the operation, security, availability, content, policies, or practices of any third-party service.
Your use of such services may be subject to additional terms and privacy policies maintained by those third parties.
Company makes no warranties regarding any third-party products or services and disclaims liability arising from your interactions with third-party providers.
The Service may use cookies, pixels, web beacons, tags, analytics tools, session replay technologies, advertising technologies, and similar mechanisms to improve functionality, analyze usage, measure performance, personalize content, and support advertising activities.
These technologies may be provided by Company or by third parties.
By accessing or using the Service, you acknowledge and consent to the use of such technologies, subject to your rights under applicable privacy laws and any consent mechanisms provided by Company.
Such technologies may include:
Cookies;
Pixel tags;
Google Analytics;
Meta Pixel;
LinkedIn Insight Tag;
Session replay technologies;
Event tracking;
Attribution technologies;
Heat mapping technologies;
Conversion tracking systems; and
Similar analytics and advertising tools.
You may manage certain preferences through browser settings, cookie consent mechanisms, or opt-out tools offered by third parties.
The inability to disable certain essential technologies shall not constitute a defect in the Service.
Nothing contained herein shall limit rights provided under Applicable Law relating to privacy or consent.
Your use of the Service is subject to Company's Privacy Policy, Cookie Policy, and any applicable privacy notices, all of which are incorporated into these Terms by reference.
Company may collect, process, store, disclose, transfer, and use information in accordance with those policies and Applicable Law.
You acknowledge that no system, network, or method of transmission over the Internet is completely secure.
Accordingly, Company cannot guarantee absolute security of information transmitted to or through the Service.
Any dispute arising from or relating to the collection, use, disclosure, processing, storage, or transfer of personal information shall be governed by the dispute resolution provisions contained in these Terms to the maximum extent permitted by law.
Nothing contained in these Terms is intended to waive any rights that cannot lawfully be waived under Applicable Law.
Users residing in jurisdictions that provide statutory privacy rights, including but not limited to California residents and individuals located in the European Economic Area, shall retain all non-waivable rights granted by Applicable Law.
Company is committed to providing a website and digital experience that is accessible to individuals with disabilities and strives to improve accessibility consistent with recognized standards and applicable law.
Because technology evolves and accessibility standards continue to develop, Company does not warrant that every portion of the Service will always be fully accessible to every individual or compatible with every device, browser, or assistive technology.
If you encounter difficulty accessing any portion of the Service, you may contact Company using the contact information provided on the Website. Company will make reasonable efforts to address accessibility concerns and provide alternative means of accessing information where appropriate.
Third-party content, embedded applications, integrations, or external websites may not be controlled by Company, and Company disclaims responsibility for the accessibility of such third-party resources.
Company's efforts to improve accessibility are ongoing and nothing contained herein shall be interpreted as a waiver of any rights or obligations under applicable law.
The service is provided on an “as is,” “as available,” and “with all faults” basis.
To the maximum extent permitted by law, Company disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:
Merchantability;
Fitness for a particular purpose;
Title;
Non-infringement;
Accuracy;
Reliability;
Availability;
Performance; and
Quiet enjoyment.
Without limitation, Company does not warrant that:
The service will be available at all times;
The service will be uninterrupted or error-free;
Defects will be corrected;
Information provided through the service will be accurate or complete;
The service will be secure or free of viruses or other harmful components;
Third-party services will operate properly;
AI-generated content will be accurate;
The service will achieve any particular result.
Your use of the service is at your sole risk.
Some jurisdictions do not allow certain warranty disclaimers. To the extent such disclaimers are prohibited, they shall apply only to the maximum extent permitted by law.
To the maximum extent permitted by law, company and its officers, members, managers, employees, contractors, affiliates, licensors, successors, agents, representatives, suppliers, and service providers shall not be liable for any:
Indirect damages;
Incidental damages;
Consequential damages;
Special damages;
Exemplary damages;
Punitive damages;
Loss of profits;
Loss of revenue;
Loss of business opportunities;
Loss of goodwill;
Loss of data;
Loss of use;
Business interruption; or
Cost of substitute services,
Arising out of or relating to:
The service;
Your use or inability to use the service;
Any content;
AI-generated materials;
Third-party services;
Data collection or processing;
Security incidents;
Website downtime;
Errors or omissions;
Unauthorized access; or
Any other matter relating to the service.
In no event shall Company's total aggregate liability exceed the greater of:
(a) One hundred dollars ($100); or
(b) The amount actually paid by you to Company during the twelve (12) months immediately preceding the event giving rise to the claim.
The foregoing limitations apply regardless of the theory of liability, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if Company has been advised of the possibility of such damages.
Nothing in these terms shall exclude liability that cannot legally be limited under applicable law.
You agree to defend, indemnify, and hold harmless Company and its officers, members, managers, employees, contractors, affiliates, licensors, successors, agents, suppliers, and service providers from and against any claims, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:
Your use of the Service;
Your User Content;
Your violation of these Terms;
Your violation of Applicable Law;
Your infringement of any intellectual property rights;
Your violation of privacy rights;
Fraudulent or misleading conduct;
Unauthorized automated access;
Claims brought by third parties arising from your acts or omissions.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with such defense.
Your obligations under this section shall survive termination of these Terms.
Company respects the intellectual property rights of others and expects users to do the same.
If you believe that material appearing on the Service infringes your copyright, you may submit a written notice containing:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material;
Your name, address, telephone number, and email address;
A statement that you have a good-faith belief that the use is unauthorized;
A statement under penalty of perjury that the information provided is accurate and that you are authorized to act on behalf of the copyright owner; and
Your physical or electronic signature.
Company reserves the right to remove allegedly infringing materials and terminate access by repeat infringers.
Nothing herein shall be construed as creating a duty to monitor user activity.
Company may, in its sole discretion and without notice, suspend, restrict, or terminate your access to the Service for any reason, including:
Violations of these Terms;
Security concerns;
Fraudulent conduct;
Suspected unlawful activity;
Abuse of the Service;
Unauthorized automated access;
Protection of Company, users, or third parties;
Compliance with legal obligations.
Company shall have no liability arising from any suspension or termination.
Upon termination:
Your right to use the Service immediately ceases;
Company may delete or retain information consistent with its policies and legal obligations;
Any provisions intended to survive termination shall remain in effect, including without limitation intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution provisions, and governing law provisions.
Company shall not be liable for any delay, interruption, degradation, or failure in performance resulting from causes beyond its reasonable control, including without limitation:
Acts of God;
Natural disasters;
Fire;
Flood;
Earthquake;
Pandemic or epidemic;
War;
Terrorism;
Civil unrest;
Labor disputes;
Power failures;
Internet outages;
Telecommunications failures;
Hosting provider interruptions;
Cyberattacks;
Government actions;
Supply chain disruptions; or
Failure of third-party service providers.
Company's obligations shall be suspended for the duration of such events.
Before initiating arbitration, litigation, or any formal proceeding relating to a Claim, you must provide Company with a written notice containing all information reasonably necessary to investigate and evaluate the Claim.
The notice must include:
Your full legal name;
Current mailing address;
Telephone number;
Email address;
All email addresses used in connection with the Service;
The dates on which the events giving rise to the Claim allegedly occurred;
The specific webpages or URLs involved, if known;
Approximate dates and times of access, if known;
The factual basis for the Claim;
The specific conduct alleged;
The nature of the alleged injury or damages;
The legal basis supporting the Claim; and
Any other information reasonably necessary to evaluate the Claim.
Failure to provide sufficient information may delay the dispute-resolution process until a substantially complete notice has been received.
Nothing in this section shall be interpreted to deprive any party of rights that cannot lawfully be waived.
The parties agree that informal resolution provides an efficient means to resolve disputes and may avoid unnecessary expense.
Accordingly, before initiating arbitration or litigation, the parties shall engage in good-faith efforts to resolve the dispute.
Within sixty (60) days after receipt of a substantially complete notice, the parties shall attempt to resolve the matter informally.
Such efforts may include:
Written communications;
Telephone conferences;
Video conferences;
Exchange of relevant information; and
Meetings involving authorized representatives.
Neither party may commence arbitration until completion of the informal resolution period unless emergency injunctive relief is required.
Compliance with this section is intended as a condition precedent to arbitration to the maximum extent permitted by law.
Except for claims that cannot legally be arbitrated, any Claim arising out of or relating to the Service or these Terms shall be resolved exclusively through binding arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this section.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable consumer arbitration rules then in effect.
The arbitrator shall have exclusive authority to resolve disputes concerning:
Interpretation of these Terms;
Enforceability of these Terms;
Arbitrability of Claims; and
Scope of this arbitration agreement.
The arbitrator shall have authority to award all remedies available under applicable law.
Judgment upon the award may be entered in any court having jurisdiction.
Nothing herein prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction.
If twenty-five (25) or more substantially similar demands are asserted by the same law firm, coordinated law firms, or otherwise coordinated claimants, the parties agree that such matters shall be administered in batches.
The parties agree that:
Claims may be grouped into batches;
Initial bellwether proceedings may be conducted;
Remaining proceedings may be stayed pending resolution of bellwether matters;
Administrative efficiencies may be employed to reduce costs and duplication; and
The arbitration provider's procedures shall govern to the extent required by applicable law.
Nothing herein is intended to impair rights that cannot legally be waived.
To the maximum extent permitted by law, all claims must be brought in an individual capacity.
You waive any right to participate as:
A class representative;
A class member;
A private attorney general;
A representative plaintiff; or
A member of a consolidated or collective action.
The arbitrator shall not have authority to:
Certify a class;
Consolidate claims;
Preside over representative proceedings; or
Award relief on behalf of nonparties.
If this class-action waiver is found unenforceable with respect to a particular claim, such claim shall proceed in a court of competent jurisdiction, and the remaining provisions of these Terms shall remain enforceable to the maximum extent permitted by law.
These Terms and any Claim shall be governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
To the extent any Claim is determined not to be subject to arbitration, exclusive jurisdiction and venue shall lie in the state and federal courts located in St. Louis County, Missouri.
Each party consents to the personal jurisdiction of such courts and waives any objection based upon forum non conveniens.
To the maximum extent permitted by law, any claim arising out of or relating to the service or these terms must be commenced within one (1) year after the events giving rise to the claim.
Any claim not timely filed shall be permanently barred.
This limitation shall apply to the fullest extent permitted by applicable law.
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without Company’s prior written consent.
Company may assign or transfer these Terms, in whole or in part, without restriction.
These Terms shall bind and benefit the parties and their respective successors and permitted assigns.
These Terms, together with the Privacy Policy, Cookie Policy, Accessibility Statement, and other notices incorporated herein, constitute the entire agreement between you and Company concerning the Service.
No waiver by Company shall constitute a continuing waiver.
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Headings are provided solely for convenience and shall not affect interpretation.
No joint venture, partnership, fiduciary relationship, agency relationship, or employment relationship is created by these Terms.
Company’s failure to enforce any provision shall not constitute a waiver of that provision.
These Terms may be executed electronically, and electronic records and signatures shall have the same force and effect as originals.
The provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and all provisions that by their nature should survive termination shall survive termination of these Terms.
MASS ARBITRATION APPENDIX
Notice Requirement
Before commencing arbitration, Claimant shall provide written notice containing sufficient information to permit meaningful investigation of the Claim, including:
Full legal name;
Mailing address;
Email addresses used with the Service;
Dates of alleged events;
Description of alleged conduct;
Description of alleged damages;
Legal basis for the claim.
A materially incomplete notice may delay the commencement of dispute-resolution procedures.
Informal Resolution Process
Following receipt of a substantially complete notice, the parties shall engage in good-faith efforts to resolve the matter for sixty (60) days.
Informal efforts may include:
Written communications;
Telephone conferences;
Video conferences;
Meetings involving authorized representatives.
Compliance with this process is intended to serve as a condition precedent to arbitration to the maximum extent permitted by law.
Batch Arbitration
Where twenty-five (25) or more substantially similar claims are asserted by the same counsel or coordinated counsel, claims may be administered in batches.
Bellwether procedures and administrative efficiencies may be employed to promote efficient resolution.
Arbitrator Authority
The arbitrator may determine procedural issues, including:
Sufficiency of notices;
Compliance with informal procedures;
Scope of arbitration;
Arbitrability.
Good Faith
The arbitrator may consider whether claims have been asserted in good faith and may award fees or costs to the extent authorized by applicable law and the rules of the arbitration provider.
Nothing in this section shall impair any non-waivable rights.
Class Action Waiver
Claims must be brought individually and not on a class, collective, consolidated, representative, or private attorney general basis to the fullest extent permitted by law.
You have a story to tell. Spoke can write that next chapter as we uncover what moves you, and your business forward.