Trailhead Marketing (“Trailhead”) is an independent online marketing firm dedicated to working with real estate agents and small businesses coast to coast. Trailhead strives to achieve high-level marketing results for clients through the Google search engine marketing platform. By agreeing to work with Trailhead, the Client is also agreeing to the following terms of service.
In consideration of the promises of Client set forth herein (including without limitation Client’s payment of the consideration for the Services as herein provided), Trailhead will provide Client with any of the following services that correspond with the fee paid by Client: (i) Google Search Phrase; (ii) Facebook Advertising; (iii) Facebook Business Page Service; and/or (iv) Optimo Portfolio Website (collectively, as applicable the “Services”). Trailhead shall only provide those services specified and paid for by Client. The addition of services will increase fees payable by Client hereunder.
Google Search Phrase
Trailhead will work with the Client one-on-one to place them on searches that are performed through Google’s online search engine. The goal is to put the Client’s name directly in front of their target markets. Google’s advertising platform analyzes and provides data for different markets, and Trailhead finds the most cost effective positions that will obtain the highest return on investment.
Trailhead only represents one client under any Exclusive Google Search Phrase at a time. That means that every advertisement for the Client is a priority and the Client can maintain an effective marketing strategy
In addition to placement on Google searches, Trailhead may also provide other marketing services. These will complement search phrase placement and further enhance results and exposure.
The following terms apply if the Client has purchased any of Trailhead’s Facebook services:
Client acknowledges and warrants that Client has read, understood, and will comply with all Facebook Principles and Facebook's Statement of Rights and Responsibilities as a part of Client’s business relationship with Trailhead. Those terms may be found here.
Administrative Access. Trailhead may require that Client authorize and provide to Trailhead administrative access to your Facebook account in order to accomplish the fulfillment and functionality of the Services that are specified in Client’s individual order. Depending upon the need of the Services, Client agrees to do one or more of the following:
- Authorize Trailhead to create and manage Facebook user profiles on your behalf.
- Authorize Trailhead to create and manage local business pages, brand/product/organization pages, artist/band/public figure pages, and other Facebook "Fan", "Like", "Official" pages, community pages and any variations of such pages on your behalf.
- Authorize Trailhead to create Facebook social groups, on your behalf.
- Agree to grant Trailhead staff administrative access to local business pages, brand/product/organization pages, artist/band/public figure pages, and other Facebook "Fan", "Like", "Official" pages, community pages and any variations of such pages, as needed by Trailhead to provide services to promote your business.
- Agree to grant administrative access to Trailhead employees and contractors when necessary and requested by Trailhead in writing. You acknowledge that failure to do so will interfere with Trailhead’s ability to deliver your purchased Products. Trailhead will not be held liable for non-delivery of Services due to insufficient account access privileges.
- Authorize Trailhead to use information from Client to formulate and implement Client's brand message.
Client further agrees to accept all offered administrative privileges related to the purchase of the Services made by Client, where relevant to those Services and as offered by Trailhead, within 5 days of Trailhead notifying you of privileges availability. Failure to accept administrative privileges within 5 days of notification of their availability, may lead to action by Trailhead. Such action shall consist of anything deemed prudent by its officers, including but not limited to deleting, maintaining, refusing to maintain, or taking any other action regarding all Services sold to the Client or created by Trailhead on the Client’s behalf.
Service Stipulations. Client acknowledges that the very nature of social media lends itself to unpredictable and uncontrollable responses to our Engagement Posts that cannot be withdrawn or removed. Trailhead will use best practices at all times and will at all times act in the best interests of Client, but Trailhead cannot guarantee specific or desired results in all instances. The products/services provided to Client are strictly on an "as is" basis, all conditions, representations and warranties, whether expressed, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Trailhead and its licensors.
The Order that the Client receives confirms that the agreement between the Client and a marketing consultant from Trailhead to participate in Trailhead’s marketing services was recorded with the Client’s knowledge and authorization. Unless explicitly contradicted by the Order Confirmation, all of the terms described here continue in full effect and force.
The term of each service subscription will run month-to-month unless the Client and Trailhead agree to a different arrangement in writing. Any month-to-month agreement will begin on the formation date of each account, which will be the date that the Client first purchases Trailhead’s services. The monthly billing date will also coincide with the date of the first purchase.
Trailhead will never increase a monthly payment amount without the Client’s express consent. However, rate changes may result from any request to change to a Service that is associated with an account. Additional phrases will be assessed at the current assigned rate and will not be determined by any previous rates that applied to accounts of the Client. Further details involving a specific account can be found by contacting Trailhead’s Customer Service Department during Trailhead’s business hours: Monday - Friday from 8:30AM to 4:30PM PST, at 1-888-361-5532.
Trailhead Traffic-Results Guarantee
Although Trailhead Marketing DOES guarantee traffic (2000 views/impressions per city, per 30 days) to clients ads through the Facebook Ads Platform, Trailhead Marketing in no way
guarantees, leads, clicks, clients, deals, or money from our marketing strategies. Because the science of marketing is always changing with technology and the current social atmosphere, Trailhead Marketing reserves the right to update the format, strategies and delivery of this product in order to further your success. Results may vary.
ALL SALES ARE FINAL, AND ALL CHARGES ARE NON-REFUNDABLE UNLESS THE “TRAILHEAD TRAFFIC-RESULTS GUARANTEE” IS NOT MET. (Case By Case Basis)
No Guarantee of Sales or Exact Placement
While it is Trailhead’s goal to build the most cost-effective ad campaign on Google and on Facebook, the platform and market mechanics are such that Trailhead cannot guarantee an exact positioning of an ad on a search page or Facebook page, nor can Trailhead guarantee any number of hits, clicks, leads, or sales as a result of the Client’s online marketing campaign.
There may be events outside of Trailhead’s control that temporarily inhibit the ability to secure Google or Facebook placement of an ad. These events may include, but are not limited to, Google System updates, and changes in Google account reviews. Trailhead is not responsible for lack of ad placement that results from events are out of Trailhead’s control.
No Duty to Track Marketing Results
Trailhead does not control the content of the Client’s personal or business website and is unable to track sales that directly result from the Client’s marketing strategies. It is the responsibility of the Client to track their own results.
Not Affiliated with Google or Facebook
Trailhead is not an entity of, nor directly affiliated with Google Inc., Alphabet Inc., or Facebook, Inc. Trailhead is an independent marketing firm that specializes in creating and monitoring targeted advertising campaigns on the Google search engine, and through Facebook’s advertising platform, as well as creating and updating professional Facebook pages.
Third Party Art
From time to time, Client may request Trailhead to provide photographs, images, infographics, illustrations or other artwork in connection with Trailhead’s provision of the Services. To the extent that such photographs, images, infographics, illustrations or other artwork are sourced by Trailhead from one or more third party services and provided to Client as part of the Services, such items constitute “Third Party Art” hereunder. Trailhead cannot, and does not, guaranty that all Third Party Art is validly-licensed for Client’s intended or actual use. ACCORDINGLY, CLIENT ACKNOWLEDGES AND AGREES THAT IF CLIENT REQUESTS TRAILHEAD TO INCLUDE THIRD PARTY ART AS A COMPONENT OF THE SERVICES, CLIENT ASSUMES ALL RISKS ASSOCIATED WITH CLIENT’S USE OF THIRD PARTY ART. CLIENT AGREES TO PERFORM WHATEVER DUE DILIGENCE CLIENT BELIEVES IS NECESSARY IN ORDER TO PERMIT CLIENT TO USE THIRD PARTY ART INCLUDED IN THE SERVICES (INCLUDING WITHOUT LIMITATION, OBTAINING AN INDEPENDENT LICENSE IN CLIENT’S NAME TO USE SUCH THIRD PARTY ART). CLIENT HEREBY AGREES TO HOLD HARMLESS TRAILHEAD, ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND PERMITTED ASSIGNS, FROM AND AGAINST ANY AND ALL COSTS INCURRED OR PAID BY CLIENT OR ANY THIRD PARTY ON ACCOUNT OF THIRD PARTY ART INCLUDED WITH THE SERVICES, EXCEPTING THEREFROM, COSTS INCURRED AS A DIRECT AND PROXIMATE RESULT OF TRAILHEAD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE SERVICES AND INFORMATION PROVIDED BY TRAILHEAD ARE ON AN "AS IS" AND "IF AVAILABLE" BASIS. THERE ARE NO ATTACHED WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TRAILHEAD, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER.
Indemnification for Copyright or Trademark Infringement
The Client shall defend, indemnify and hold harmless Trailhead and its agents, employees, officers, owners and affiliates from and against any and all Third Party claims and liabilities (including, without limitation, reasonable attorneys' fees and costs), regardless of the form of action, arising out of or in connection with a claim that any of the marketing phrases or terms when used within the scope of these Terms of Service, infringes, violates or misappropriates a valid third party trademark, copyright or other proprietary right, provided that the Client is notified promptly in writing of the action by Trailhead, and Trailhead has not reached any compromise or settlement of such action or made any admissions in respect of the same.
By agreeing to these Terms of Service, the Client grants Trailhead a non-exclusive, irrefutable, royalty-free, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, in order for Trailhead to execute the terms of the agreed upon service.
Ownership of content generated by Trailhead in connection with the Services transfers from Trailhead to Client (where permitted by third party licensing arrangements) only after payment in full by Client of all invoices applicable to such content. Any methods of optimization disclosed by Trailhead to Client cannot be copied or used by Client except as expressly contemplated by these Terms of Service in connection with the Services, and any such right shall end upon termination of this Agreement unless expressly authorized in writing by Trailhead.
Third Party Software
In providing the Services Trailhead may utilize and/or make available to Client software owned by third parties and licensed to Trailhead (“Third Party Software”). Client’s use (where permitted) of Third Party Software is governed by software licenses relating to such Third Party Software. These Terms and Conditions do not modify the terms of any Third Party Software license agreements.
Authority to Bind or Modify
No employee or consultant of Trailhead or any of its divisions is authorized to offer or agree to any binding agreement with another party without the approval of an Account Manager.
No employee, salesperson, vendor or other agent or purported agent of Trailhead is authorized to make any warranties, representations or guaranties to the contrary of these Terms of Service, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of Trailhead. Client acknowledges that it is the responsibility of Client to verify any information upon which it or any of its employees or agents use, rely on or otherwise take action upon with respect to financial or other consequences.
This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof and supersedes and replaces all prior writings or oral negotiations or other understandings with respect thereto.
Governing Law and Venue
These Terms of Service shall be governed and construed in accordance with the laws of Oregon, excluding Oregon’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Oregon, excluding Oregon’s choice-of-law principles.
If either party brings against the other party any proceeding arising out of this Terms of Service or arising out of the services provided by Trailhead to the Client, that party may bring that proceeding only in the United States District Court for the District of Oregon or, only if there is no federal subject matter jurisdiction, in any state court of Oregon sitting in Multnomah County, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
No waiver of satisfaction of a condition or nonperformance of an obligation under these Terms of Service will be effective unless it is in writing and signed by the party granting the waiver.
If any term of these Terms of Service is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Nothing in this Agreement shall be construed as creating a partnership, joint venture, fiduciary or (except as expressly set forth in Section 2) agency relationship between the parties, or as authorizing either party to act as an agent for the other. The parties to this Agreement are independent parties.
Duty to Keep Information Current
It is the Client’s responsibility to update Trailhead with any and all changes to the information that is relevant to the performance of the services provided by Trailhead, including, but not limited to: personal and professional contact information, payment information and subscribed URL.
Failed Payments and Late Fee
If payment is not successful for any reason, the Client’s marketing may remain online for up to thirty (30) days as we contact the Client to collect updated payment information. The continued presence of marketing content online will not modify any obligations that are already owed under your agreements with Trailhead. If the delinquent account is not updated within 30 days Trailhead reserves the right to turn the account over to a collections agency and immediately cease all marketing services. Any and all Clients with an outstanding or overdue balance will accrue a fee of $25 every fifth (5th) business day starting on the date of their monthly renewal.
Refunds that are requested within 30 days of the initial signup date are determined on a case by case basis. Trailhead reserves the right to deny any refund request.
All cancellation requests must be made to a "Marketing Specialist" by calling 1-888-361-5532. Cancellation must be made at least three (3) business days prior to the date of the next scheduled payment. Cancellations that are made after that point will not take effect until the following billing period. Non business days include but are not limited to: all major holidays and certain days around major holidays. For further explanation regarding subscription details, the business day schedule, or the cancellation policy please contact Trailhead’s Customer Service Department at 1-888-361-5532.
If you have any questions concerning a specific account, please call Trailhead’s Customer Service Department, during business hours: Monday - Friday from 8:30AM to 4:30PM PST, at 1-888-361-5532.