Effective Date: 5/28/2024

Welcome to ContentArchitect (“we”, “our”, “us”, “Content Architect”). These terms of service (“terms”, “terms of use”, “TOS”) govern your use of contentarchitect.com (”website”, “site”) and the services we offer (”services”, “products”, “offerings”).

Our privacy policy is amended to our terms of service, which is hereby incorporated.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OR OTHERWISE ACCESSING OUR WEBSITE. BY USING OR ACCESSING OUR WEBSITE OR THE SERVICES, WHETHER BY CLICKING A BUTTON ON OUR WEBSITE OR OTHERWISE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHCH CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US THAT CONDITIONS YOUR USE OF THE SERVICES. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY, NON-DISCLOSURE AND NON-DISPARAGEMENT, AND A REQUIREMENT TO ARBITRATE CERTAIN CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

You must be at least 18 years old to use our services. By using our website, you represent and warrant that you are at least 18 years of age.

ContentArchitect specializes in content strategy services, including topic development and prioritization, topic selection, done-for-you content briefs, alignment audits, and relevant analytics.

When you engage in services with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of our services.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We may contact you via email, text, video conference, phone call, or live chat to fulfill our services, provide TOS updates, respond to form completions, discuss transactions, manage your account, discuss promotions and special offers (which you can opt out of at any time), and anything else we may need to contact you about. We won’t be able to deliver our services or continue working with you if we are unable to contact you.

We may from time to time send you emails or texts about promotions or offers, which you may opt-out of by using the “Unsubscribe” link at the bottom of any such promotional emails or by replying STOP to text messages.

By purchasing any of our services, you agree to pay all applicable fees and charges. Pricing details are available on our website. Our pricing is subject to change at any time, however, the price you’ll be responsible for paying will be outlined in a legally-binding contract.

Payments are processed through Stripe and subject to Stripe’s terms and conditions.

Our services require monthly payments which will be set up for automatic renewals. You’ll be able to manage these settings and your payment methods via Stripe.

By engaging in our services, you agree that we are an independent contractor for you. We are not partners, employees, agents, or any other type of relationship to you. You also agree that we may represent you as needed to fulfill our services.

You may not assign or otherwise transfer any of your rights hereunder without our prior written consent, and any such attempt is void.

The service and its original content, features, and functionality are and will remain the exclusive property of ContentArchitect and its licensors. The service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ContentArchitect.

We may require information, IP, data, and assets provided by you to fulfill our services. By providing these materials, you grant ContentArchitect a worldwide, royalty-free, non-exclusive, transferable (as needed to fulfill the services), sub-licensable right to use, reproduce, display, publish, distribute, modify, and adapt the materials as needed. This includes logos, trademarks, writing, photos, videos, and other assets you provide. When engaging in services with us, you authorize us to use any of these assets as needed to fulfill our service agreement.

Upon completion of our services, you will own any content or other assets we’ve created for you on your behalf.

Due to the nature of our services, all sales are final and non-refundable. We do not prorate fees, issue partial refunds, or issue full refunds.

We may terminate our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms. Upon termination, your right to use the service will cease immediately.

If you wish to terminate our services, you must do so with 15 days notice before your next payment.

We may link to other third-party websites that we don’t control. If you visit one of these links, you will be governed by their TOS and privacy policy. We do not guarantee that any of these websites are accurate nor are we responsible for their content.

Please review our privacy policy, which also governs your use of our services, to understand our practices.

Our website uses cookies to improve user experience. By using our website, you consent to our use of cookies in accordance with our cookie policy.

By engaging in services with us, contacting us, using our website, using our services, subscribing to our newsletter, or filling out a form on our site, you represent and warrant that 1) you are at least 18 years old, 2) you are legally competent, 3) you have the ability to enter into agreements, 4) entering into an agreement with us does not violate any other contracts, agreements, or obligations you currently have, 5) you accept these terms and our privacy policy in full, 6) you’re allowed to use the payment method you’ll use to pay for our services, 7) the info you’ve provided is accurate and complete 8) you agree to comply with all applicable laws, regulations, and guidelines, 9) agree to not infringe upon others rights, 10) you will not reverse engineer, redistribute, sell, or copy our services, site, or any content we own.

You may use our service only for lawful purposes and in accordance with these terms. You agree not to use the service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To impersonate or attempt to impersonate ContentArchitect, a ContentArchitect employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the service, or which, as determined by us, may harm ContentArchitect or users of the service, or expose them to liability.

We have the right to correct errors, inaccuracies, or omissions on our website or in any other communications we send without prior notice. We strive to offer transparent, correct, and truthful information at all times, but we do make mistakes. Please contact us at contact@contentarchitect.com if you find any errors or inaccuracies.

We reserve the right to change our pricing at any time. We may also cancel your services or decline to work with you if your payment doesn’t go through, your information appears fraudulent, you use tools to obscure yourself, we don’t agree with the nature of your business, or for any reason we see fit. We also reserve the right to refuse service, terminate existing services, suspend your access to our site, and block your communication methods for any reason we see fit.

We do not discriminate against race, religion, sexual orientation, gender, age (except for those under 18), nationality, disabilities, military status, or marital status.

ContentArchitect shall not be liable for any failure to perform its obligations under this agreement if such failure results from any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, technical failures, epidemics, governmental regulations, or any other force majeure event.

In no event shall ContentArchitect, nor its parent company, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You agree to defend, indemnify, and hold harmless ContentArchitect and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the service, or b) a breach of these Terms.

Your engagement in our service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis.

The service is provided without warranties or guarantees of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

ContentArchitect does not warrant or guarantee that (a) the service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; or (c) the results of using the service will meet your requirements.

Should you become aware of any proprietary techniques or confidential information by engaging in our services, you agree that you are prohibited from sharing, distributing, disclosing, or publishing any of this information.

You also agree that you won’t partake in, publish, disclose, or distribute negative or disparaging content against us, our employees, offers, directors, vendors, affiliates, contractors, agents, or suppliers.

In both cases, you may not request others to do so for you, either.

EXCEPT AS PROVIDED ABOVE OR WHERE OTHERWISE PROHIBITED BY LAW, YOU AND CONTENTARCHITECT UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, OUR PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY US ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, AND YOUR USE OF OUR SERVICES OR THE USE OF OUR SERVICES BY CLIENTS, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A MICHIGAN STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED, BOTH PROCEDURALLY AND SUBSTANTIVELY, BY THE FEDERAL ARBITRATION ACT 9 U.S.C. § 1-9 (“FAA”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION 15 (ARBITRATION; DISPUTE RESOLUTION) SHALL SURVIVE TERMINATION OF THE SERVICES OR OF THESE TERMS AND CONDITIONS TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS.

The following procedures shall apply:

i) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.

ii) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by the American Arbitration Association (“AAA”), and shall be conducted using the then current Commercial Arbitration Rules of the AAA (except as varied by this agreement). The arbitration shall take place in GRAND RAPIDS, MICHIGAN, but may proceed telephonically in the event the total amount of the claim does not exceed $10,000 U.S. dollars (if the claimant so chooses).

iii) Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules.

iv) If for any reason the AAA is unavailable, the parties shall select JAMS.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CONTENTARCHITECT, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE OR SERVICES.

These terms shall be governed and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.

These terms (including any amendment thereto) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of these terms shall continue in full force and effect.

The headings of the sections contained in these terms are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of these terms.

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will provide at least 30 days’ notice to the prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

You may contact us at contact@contentarchitect.com.