Acceptance of Terms
By accessing or using the website located at agencyperformancefinder.com (the "Site"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and The Agency Performance Finder, LLC ("APF," "we," "us," or "our").
If you do not agree to these Terms, you must immediately discontinue use of the Site. Your continued use of the Site following any modification to these Terms constitutes your acceptance of the revised Terms.
Note: These Terms govern use of the public website only. Consulting, advisory, and audit engagements are governed by separate written agreements executed between APF and each client. In the event of conflict, the signed engagement agreement controls.
Services Description
APF is an independent marketing performance consultancy. Through the Site, APF provides informational content about its services and enables prospective clients to submit inquiries. The Site is not a substitute for direct engagement with APF, and no advisory or consulting relationship is formed by use of the Site alone.
Services offered by APF may include, but are not limited to: agency performance audits, marketing architecture reviews, strategy planning, and ongoing performance marketing advisory engagements. The availability, scope, and terms of any specific service are determined solely through direct engagement with APF and a signed written agreement.
Use of the Site
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:
- Use the Site for any fraudulent, deceptive, or unlawful purpose
- Transmit any unsolicited commercial communications or spam through the Site's contact forms
- Attempt to gain unauthorized access to any portion of the Site or its related systems
- Scrape, crawl, or systematically extract data from the Site without prior written permission from APF
- Upload or transmit viruses, malware, or other malicious code
- Use the Site in any manner that could damage, disable, or impair its functionality
- Misrepresent your identity or affiliation when submitting inquiries through the Site
APF reserves the right to restrict or terminate access to the Site for any user who violates these Terms or engages in conduct APF deems harmful or inappropriate.
Intellectual Property
All content on the Site, including but not limited to text, graphics, the APF logo and mark, service descriptions, methodology descriptions, visual design, and code, is the proprietary property of The Agency Performance Finder, LLC and is protected by applicable copyright, trademark, and intellectual property laws.
You may view and print materials from the Site for your personal, non-commercial use only. You may not reproduce, distribute, publicly display, create derivative works from, or use any Site content for commercial purposes without the prior written consent of APF.
The APF name, logo, and mark are trademarks of The Agency Performance Finder, LLC. Nothing on the Site grants any license or right to use APF's trademarks without express written permission.
Disclaimers
The Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. APF disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
APF does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. APF does not warrant the accuracy, completeness, or timeliness of any information on the Site.
Content on the Site is intended for general informational purposes. It does not constitute legal, financial, or professional advice. No client or advisory relationship is established by use of the Site or submission of an inquiry.
Limitation of Liability
To the maximum extent permitted by applicable law, APF, its principals, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or your inability to use the Site, even if APF has been advised of the possibility of such damages.
APF's total liability to you for any claim arising from or relating to the Site shall not exceed one hundred U.S. dollars ($100.00), regardless of the form of action or the basis of the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, APF's liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless APF and its principals, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit through the Site.
Confidentiality of Inquiries
Information you submit through the Site's inquiry form is handled in accordance with our Privacy Policy. APF treats the content of client inquiries and any information disclosed during preliminary consultations as confidential, and will not disclose such information to third parties without your consent except as required by law.
Formal confidentiality obligations for consulting engagements are established in the signed engagement agreement between APF and each client.
Consulting Engagement Terms
Submission of an inquiry through the Site does not create a contractual obligation for APF to provide services or for you to engage APF. APF reviews all inquiries and, at its sole discretion, determines whether to pursue a consulting relationship.
Any consulting or advisory engagement will be formalized through a separate written agreement specifying scope of work, deliverables, timeline, fees, and other terms. No engagement is binding until a written agreement has been signed by authorized representatives of both parties.
APF reserves the right to decline any inquiry or engagement without obligation to provide reasons.
Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Arlington County, Virginia.
Before initiating formal legal proceedings, you agree to contact APF at [email protected] to attempt to resolve any dispute informally. APF will make a good-faith effort to resolve disputes promptly.
Changes to These Terms
APF reserves the right to update or modify these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice.
Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Site.
Contact
Questions about these Terms of Service may be directed to:
The Agency Performance Finder, LLC
2300 Wilson Blvd, Suite 700-115
Arlington, VA 22201
[email protected]