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Privacy Policy

This Privacy Policy applies solely to information collected by this website and outlines how Next Level Digital Marketing collects, uses, protects, and manages your information.

Information We Collect

We may collect personally identifiable information (PII) that you voluntarily provide to us through forms, phone calls, email, text messaging, or other direct contact. This may include:

  • Name
  • Email address
  • Phone number (including mobile number)
  • Business name
  • Billing information (if applicable)
  • Any other information you choose to provide
 

We may also collect limited non-personal information such as browser type, IP address, and website usage data for analytics purposes.

How We Use Your Information

We use the information we collect to:

  • Respond to inquiries and provide requested services
  • Send important updates related to your inquiry or services
  • Communicate via email, phone, or text message (if you opt in)
  • Process payments (if applicable)
  • Improve our website and services

Information Sharing

We are the sole owners of the information collected on this site. We do not sell, rent, or trade your personally identifiable information to third parties for marketing purposes.

We may share your information only when necessary to:

  • Provide services you have requested
  • Work with trusted service providers (such as hosting providers, payment processors, CRM systems, or messaging platforms) who assist in operating our business
  • Comply with legal obligations
 

All third-party service providers are required to maintain the confidentiality and security of your information.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Your Access and Control Over Information

You have the right to:

  • Request access to the personal data we have about you
  • Correct or update your information
  • Request deletion of your data
  • Opt out of future marketing communications at any time
 

To exercise any of these rights, please contact us at:

  • (719) 445-9066
  • info@nxtleveldm.com
 

You may also opt out of marketing emails by clicking the unsubscribe link included in our emails.

Data Security

We take appropriate security measures to protect your information both online and offline.

  • Sensitive information (such as payment details) is encrypted and transmitted securely via HTTPS.
  • Access to personal information is restricted to authorized personnel who require it to perform their job duties.
  • Our systems and servers are maintained in secure environments with appropriate safeguards.
 
Updates to This Policy

This Privacy Policy may be updated from time to time. Any changes will be posted on this page with the updated effective date.

If you have questions about this Privacy Policy or how your information is handled, please contact us directly.

Terms & Conditions

Important Notice to Users

Thank you for visiting Next Level Digital Marketing’s (hereinafter referred to as “NLDM”, “we”, “us”, and “our”) website. By creating an account with us or otherwise visiting or interacting with our website or services (hereinafter “Services”) you agree to the terms and conditions outlined below.

1. Account Management

When you create an account with us, you represent and warrant the following: (a) you are at least 18 years of age; (b) you have not violated our Terms and Conditions and you have not had your access to our website or Services revoked or suspended; (c) your registration and use of our website and Services complies with any applicable laws and regulations. Some of our Services are subject to additional terms and conditions. Use of those additional services shall be deemed as your consent to the additional terms and conditions of those services. When you register an account, we will ask for your email address, phone number, and other contact information necessary to register the account. It is your responsibility to ensure that the information we have about you, and your account, is accurate and up to date at all times. Additionally, you are responsible for maintaining the security of your account credentials and agree not to disclose them to any third party. You must promptly notify us of any unauthorized use of your account or suspected breach of security. We reserve the right to terminate or restrict use of this service due to unauthorized use of the Service or other applicable reasons.

2. Acceptable Use

You agree to use the website and any related services in a manner consistent with all applicable laws and regulations. You must not misuse the Services or engage in conduct that we, in our sole discretion, deem harmful, disruptive, or inappropriate. By using our Services, you consent to monitoring and data use for support compliance or security. You may not use our website or services to:

  • violate any applicable law, regulation, or third-party right;
  • transmit, upload, or distribute any unlawful, harmful, abusive, harassing, defamatory, infringing, or otherwise objectionable content;
  • gain unauthorized access to any system, account, or data;
  • upload malware, disruption of service code, or interfere with or disrupt the integrity, performance, or availability of the Services or related systems;
  • send spam, phishing messages, or unsolicited advertising;
  • distribute malware, viruses, or other harmful software or code;
  • impersonate any person or entity or misrepresent your affiliation with any person or entity to others;
  • use automated means, like bots or scrapers, to access services without our prior written consent;
  • use our services for an unauthorized commercial purpose;
 

3. Fees

You may be required to pay fees for access to some of our Services. If there are fees for access to the Services that you are using, there will be additional Terms of Services that govern the applicable Services. We will collect fees in accordance with the Terms of Service and according to the Services you request. Any fees will be charged to the payment method you provide us; failure to pay fees may result in the Services being terminated or stopped. If the Services are on a recurring payment schedule, the payments will continue until you notify us that you would like to discontinue the Services in accordance with the Terms of Service Agreement.

4. Intellectual Property

The Services are owned by NLDM. Any unauthorized replication of our Services, which includes, but is not limited to, the user interface, design information, data, code, software, graphics, and all other elements that comprise our Services is expressly prohibited. Except as permitted by Us, you may not use or replicate any of our Services.

5. No Warranties

The Services provided on our website are provided “as is” without any warranties, express or implied. We explicitly disclaim any warranties or conditions, whether express or implied, including, but not limited to: (a) any warranties or conditions of accuracy, adequacy, completeness, timelineess, title, non-infringement, merchantability, fitness for a particular purpose; or (b) warranties or conditions of uninterrupted, secure, or error-free access or use. No information or advice contained in our Services shall create any warranty regarding our Services. You assume all risk for any damage that may result from the use of our Services, which may include damage to your property (including your computer system or mobile device) and or loss of data that resulted from the use of our Services. If your jurisdiction prohibits a disclaimer of warranties, you may have additional rights which could vary from jurisdiction to jurisdiction.

6. Third-Party Links and Services

Our Services may include links to third-party websites. While we strive to incorporate and use only reputable third-party links and services, we cannot monitor, control, or endorse any external sites or their content. Third-party Providers are solely responsible for their services and are not subject to our Terms and Conditions. Accessing any third-party providers and their services may be subject to the third-party’s own terms and conditions, privacy policies and other conditions or agreements as required by the third-party. Some of our Services may rely on the use of third-party providers and their Services. If our Services are reliant on a third-party, you authorize us to share your information, as necessary, to deliver our Services to you. We make no warranties, representations, or guarantees to the safety, reliability, or accuracy of any of the third-party services or websites we incorporate into our Services. Consequently, we discharge any responsibility for any damages, or costs of any kind that arises out of your use or dealings with any third-party services via our Services.

7 . Limitation of Liability

Under no circumstances shall NLDM be held liable for any direct, indirect, incidental, special, or consequential damages, losses, or expenses arising from your use or access, or your inability to use or access our Services whether such claim arises from: (a) Breach of Contract; (b) Breach of Warranty; (c) Negligence; or (d) any other cause of action, even if NLDM has been advised of any possibility of any aforementioned damages. To the maximum extent allowed by applicable law, NLDM shall not be liable for: errors, mistakes or inaccuracy of material; personal injury or property damage resulting from the use of our services; unauthorized access or unauthorized use of our Services and any misuse of your personal information related to your use of our Services; or any computer bugs, viruses or malware that may be transmitted to or through our services by any third-party. The maximum liability of NLDM to you for any and all claims related to the use or inability to use our Services shall be limited to the greater amount of: (1) the amount you have paid to NLDM for the Services in the 12 months prior to the circumstances or events giving rise to said claim; or (2) $100. Limitation of liability on NLDM’s part is subject to jurisdictional rules and regulations. The limitations of liability in these Terms and Conditions is intended to allocate risk between the parties; this limitation is an essential component of this Agreement.

8. Governing Law & Severability

These Terms and Conditions are governed by the laws of the State of Colorado, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts in El Paso County, Colorado for all disputes, claims, and actions arising from or in connection with the use of our Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Any unenforceable provision will be replaced with one that most closely reflects the original intent.

9. Privacy Policy

We will collect, use, store, and, when allowed and reasonable, disclose personal information in accordance with our Privacy Policy. Please consult our Privacy Policy for more information, which is hereby incorporated into these Terms and Conditions.

10. Changes to Terms and Conditions

We reserve the right to modify, update, or change these Terms and Conditions at any time, at our sole discretion. Any changes will become effective immediately upon posting on this website, unless otherwise stated. It is your responsibility to review these Terms periodically for updates.

Terms Of Service

This Agreement (the “Agreement”) is made and entered into for services received on the date of the initial invoice by and between you, the business owner, and your organization (collectively “Company”, “You”, or “Your”) as listed on the Invoice, with its principal place of business located at the address given to Next Level Digital Marketing (hereinafter “NLDM” or “Consultant”) and Next Level Digital Marketing with its principal place of business located at 3140 Poughkeepsie Dr., Colorado Springs, CO 80916, hereinafter referred to individually as a “Party” and collectively as the “Parties”.

WHEREAS, You have identified your business services, goods, and classification with the Consultant already at an earlier time and date (i.e., Security service, restaurant, retail shoe sales, and so on); and

WHEREAS, the Consultant has expertise in the area of Management, Consulting, Marketing, Sales, and Business Process Improvement; and

WHEREAS, You desire to engage the Consultant to provide certain services in the area of the Consultant’s expertise and the Consultant is willing to provide such services to You pursuant to the terms of this Agreement and as identified on the invoice provided to You for the Services (as defined herein) to be performed by the Consultant (the “Invoice(s)”); such services requested will be listed, invoiced, and billed accordingly as negotiated.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Agreement of Terms and Engagement of Services

(a) Engagement

The Company hereby engages the Consultant to provide and perform the services outlined in quotes and invoices as paid hereto (the “Services”), and the Consultant hereby accepts the engagement.

(b) Standard of Services

All Services to be provided by the Consultant shall be performed with promptness and diligence in a workmanlike manner and at a level of proficiency to be expected of a consultant with the background and experience that the Consultant has represented it has. The Company shall provide such access to its information, financial information, property, and personnel as may be reasonably required to permit the Consultant to perform the Services.

(c) Tools, Instruments, and Equipment

Consultant shall provide Consultant’s tools, instruments, equipment, and place of performing the Services, unless otherwise agreed between the Parties.

Representation and Warranty

Consultant represents and warrants to the Company that it is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement, or which will interfere with the performance of the Services. The Company acknowledges that Services do not guarantee any specific monetary, reputation, or shareholder gain or loss.

(d) Effective Date

This Agreement begins at the initial payment of the first invoice engaging services between the Consultant and the Company (the “Effective Date”). A new invoice date, continued engagement, or re-engagement of services does not create a new Agreement and this engagement will be governed under the original terms contemplated herein.

Acceptance of these terms is clearly stated on every Invoice, and it is the responsibility of the Company to review these Terms and Conditions upon receipt of their invoice. It is the responsibility of the Company to request any clarification or address any issues about the term within this Agreement with the Consultant.

2. Consultancy Period

(a) Commencement

This Agreement term shall commence on the Effective Date and shall remain in effect until the completion of the Services, contract, or the earlier termination of this Agreement as provided in Article 2(c).

(b) Term

The initial length of contract commitment You agree to and are bound to is an initial term of six (6) months (the “Initial Term”) of Services and billing upon payment of initial invoice. If Services are cancelled within the Initial Term, You are still responsible for our fees for the remainder of the initial term.

(c) Termination

After the Initial Term, this Agreement may be terminated by the Company, without cause and without liability, by giving thirty (30) calendar days written notice (the “Termination Notice”) of such termination to the Consultant. From when the Company delivers the Termination Notice, to when this Agreement concludes, the Company shall pay all invoices, fees, and applicable taxes as requested by the Consultant and in accordance with regular billing practices. This Agreement may be terminated by either Party by giving ten (10) calendar days written notice of such termination to the other Party in the event of a material breach by the other Party. Material breach shall include:

  • (i) any violation of the terms of Articles 1(d), 3, 4, 5, 6;
  • (ii) any other breach that a Party has failed to cure within ten (10) calendar days after receipt of written notice by the other Party;
  • (iii) the death or physical or mental incapacity of the Consultant or any key person performing the Services on its behalf as a result of which the Consultant or such key person becomes unable to continue the proper performance of the Services;
  • (iv) an act of gross negligence or willful misconduct of a Party; and
  • (v) the insolvency, liquidation, or bankruptcy of a Party.
 

(d) Effect of Termination

Upon the effective date of termination of this Agreement, all legal obligations, rights, and duties arising out of this Agreement shall terminate except for such legal obligations, rights, and duties as shall have accrued prior to the Effective Date of termination and except as otherwise expressly provided in this Agreement.

3. Consultancy Fee and Expenses

(a) Consultancy Fee

In consideration of the Services to be rendered hereunder, the Company shall pay the Consultant a Consultancy fee of a pre-negotiated value for the invoiced and outlined tasks. The rates have been negotiated and agreed upon by both parties and are payable at the time of contract signature or payment of Invoice. An additional monthly re-occurring charge of a negotiated amount per month will also be paid if it is outlined in the contract or an invoice has been sent, as applicable (the “Consultancy Fee”).

(b) Expenses

Consultant shall be entitled to reimbursement for all pre-approved expenses reasonably incurred in the performance of the Services, upon submission and approval of written statements and receipts in accordance with the procedures of the Company. Expenses eligible for reimbursement by the Company include, but are not limited to: printing, copying, scanning, postage or courier fees, software subscriptions, reasonable travel and accommodation, as applicable to Your specific needs. Expenses shall be clearly displayed on each invoice.

(c) Payment

The Consultancy Fee shall be paid in full prior to work beginning by the Consultant. If the Company and the Consultant agree that continued management is needed by the Consultant, the Consultant shall submit to the Company a monthly invoice detailing the Services to be performed in the upcoming month and the amount due. All such invoices shall be due and payable within ten (10) calendar days after receipt thereof by the Company. As new services are requested, the monthly charges and statement of work may need to be re-negotiated.

If it is agreed that the Company will be paying a monthly rate for hosting or ongoing services, please note that site performance and accessibility can and will be terminated if no monthly payment is made. All additional or new Services that the Consultant agrees to provide shall be performed in accordance with the terms of this Agreement and that Company agrees to be bound by the terms hereby for any new services requested. Monthly re-occurring fees, including membership, are to be paid on time on the first of the month. Any payments more than ten (10) days late shall incur interest at a rate of 18% per annum. Nonpayment or late payments may be deemed a breach of this Agreement, and all services may be terminated at the sole discretion of the Consultant.

To re-engage services the Consultant reserves the right to request any outstanding balance for services performed and/or the estimated annual fee for Services prior to continuing the services as outlined in Your Invoice. If applicable, Subscription to network or services with NLDM and its affiliates, does not guarantee, or determine, performance or sales increase. NLDM or its affiliates are not responsible for other organizations’ contracts, terms, behavior, or performance, of its members or network.

(d) Refunds or repayment

Refunds will only be considered by NLDM up to 30 days after the invoice date of the service or services in question. NLDM reserves the right to determine the amount and decision of the refund based on the following criteria:

  • (i) Whether the services in question were completed in full per Your request;
  • (ii) if partial services were completed; time and expenses will be deducted from the fee for the Initial Term and the remainder may be issued as a partial refund;
  • (iii) If NLDM considers the Services performed to be substantially completed no refund will be issued. NLDM commonly educates its clients on the Services and how they operate. Continued or additional support of the Services performed by NLDM may be subject to additional fees and costs.
  • (iv) The following services will always be considered non-refundable: Automations, AI services, domain purchase, recruiting or hiring, business plan preparation, consulting hours, plan writing or creation, media creation services, graphic design, advertisement creation, logo and print or digital material, web hosting, web building, and web design.
 

(e) Nonpayment

If Company does not cure the default for nonpayment within fifteen (15) days of receipt of a notice of default, Consultant reserves the right to maintain and withhold any digital assets owned by Company (i.e., website) if Invoices are not paid timely pursuant to this Agreement. Consultant hereby notifies the Company that Company is responsible for preparing for and being aware of suspension of services in the event of default. In the event of default, Company is obligated to inform customers, patients or effected third parties of the proper means to communicate information with the Company. The Consultant shall not be responsible for delay, disruption, or other consequences related to suspending services as a result of default.

Default: A party shall be considered in default under this Agreement if any of the following events occur:

  • (i) failure to pay any amounts due under this Agreement within ten (10) days of the due date;
  • (ii) material breach of any provision of this Agreement not remedied within fifteen (15) days of written notice from the non-breaching party;
  • (iii) failure to deliver required services or deliverables in a timely or professional manner;
  • (iv) misrepresentation or provision of false or misleading information in connection with this Agreement;
  • (v) insolvency, bankruptcy, or the initiation of any proceedings related to a party’s financial distress;
  • (vi) violation of any applicable law or regulation in connection with the performance of this Agreement; or
  • (vii) unauthorized assignment of this Agreement or delegation of obligations without prior written consent.
 

In the event of default, except for the reason of nonpayment, the non-defaulting party may terminate this Agreement immediately upon written notice and pursue any and all remedies available at law or in equity, including but not limited to the recovery of damages, specific performance, injunctive relief, and reasonable attorneys’ fees and costs incurred in enforcing its rights under this Agreement. The failure of Consultant to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Consultant in writing.

4. Work Product and License

(a) Work Product

In this Agreement, the term Work Product shall mean all work product generated by Consultant solely or jointly with others in the performance of the Services, including, but not limited to, any and all information, notes, material, drawings, records, diagrams, formulae, processes, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, and trade secrets. Work Product does not include web domains and site hosting.

(b) Ownership

Consultant agrees to assign and does hereby assign to Company all rights, titles, and interests in and to the Work Product if all Invoices are paid timely and all outstanding Company account balances are paid in full. All Work Product shall be the sole and exclusive property of the Company and Consultant will not have any rights of any kind whatsoever in such Work Product. Consultant agrees, at the request and cost of Company, to promptly sign, execute, make, and do all such deeds, documents, acts, and things as Company may reasonably require or desire to perfect Company’s entire right, title, and interest in and to any Work Product. All Work Products shall be promptly communicated to the Company. Consultant agrees that during the Consultancy period, and in case of termination, the Consultant will train appropriate staff on the use and management of all tools used during the agreed and paid period. Company agrees that the training will not exceed 5 hours.

(c) License

In the event that the Consultant integrates any work that was previously created by the Consultant into any Work Product, the Consultant shall grant to, and the Company is hereby granted, a worldwide, royalty-free, perpetual, irrevocable license to exploit the incorporated items, including, but not limited to, any and all copyrights, patents, designs, trade secrets, trademarks or other intellectual property rights, in connection with the Work Product in any manner that Company deems appropriate. Consultant warrants that it shall not knowingly incorporate into any Work Product any material that would infringe any intellectual property rights of any third party.

(d) Return of Domain and Hosting

Upon the termination or expiration of this Agreement for any reason, or upon the Company’s earlier request, the Consultant will deliver to the Company rights and ownership of the domain and hosting once a year is paid in full.

  • (i) The Consultant reserves the right to maintain ownership of any Company work, products, or licenses until all services are paid in full at the Consultant’s or the affiliates of NLDM sole discretion.
  • (ii) The Company hereby authorizes and shall grant to, and the Consultant is hereby granted, a worldwide, royalty-free, perpetual, irrevocable license to use the following items, including, but not limited to, any and all client pictures, websites and logos for Consultant’s marketing materials whether physically printed, or published and circulated digitally.
 
5. Confidential Information

(a) Confidential Information

In this Agreement, the term Confidential Information shall mean the Work Product and any and all information relating to the Company’s business, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, organization-ware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by Company either directly or indirectly in writing, orally or visually, to Consultant. Confidential Information does not include information which:

  • (i) is in or comes into the public domain without breach of this Agreement by the Consultant;
  • (ii) was in the possession of the Consultant prior to receipt from the Company and was not acquired by the Consultant from the Company under an obligation of confidentiality or non-use;
  • (iii) is acquired by the Consultant from a third party, not under an obligation of confidentiality or non-use to the Company; or
  • (iv) is independently developed by the Consultant without the use of any Confidential Information of the Company.
 

(b) Obligations of Non-Disclosure and Non-Use

Unless otherwise agreed to in advance and writing by the Company, Consultant will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than the performance of the Services or disclose the Confidential Information to any third party. Consultant may disclose the Confidential Information only to those of its employees who need to know such information. In addition, prior to any disclosure of such Confidential Information to any such employee, such employee shall be made aware of the confidential nature of the Confidential Information and shall execute, or shall already be bound by, a non-disclosure agreement containing terms and conditions consistent with the terms and conditions of this Agreement. In any event, the Consultant shall be responsible for any breach of the terms of this Agreement by any of its employees. Consultant shall use the same degree of care to avoid disclosure of the Confidential Information as it employs with respect to its Confidential Information of like importance, but not less than a reasonable degree of care.

(c) Return of Confidential Information

Upon the termination or expiration of this Agreement for any reason, or upon Company’s earlier request, Consultant will deliver to Company, or certify to the Company in writing the destruction of, all of Company’s property or Confidential Information in a tangible form that Consultant may have in its possession or control. The Consultant may retain one copy of the Confidential Information in its legal files.

6. Interference with Business

(a) Non-Solicitation

Consultant agrees that for a period of one (1) year after termination of this Agreement, Consultant shall not:

  • (i) divert or attempt to divert from the Company any business of any kind in which it is engaged, including, without limitation, the solicitation of or interference with any of its suppliers or customers; or
  • (ii) Employ, solicit for employment or recommend for employment any person employed by the Company, during the Consultancy Period and for a period of one (1) year thereafter.
 

(b) Confidentiality

Company understands that the Consultant may have other clients within the same industry and may be bound under a contractual agreement with such clients during the same period as the Company. Consultant agrees that all agencies are treated differently, Consultant will abide by confidentiality outlined in section 5 and does not intend to compete or favor any one company or organization.

(c) Limitation of Liability

In no event shall the Consultant be liable for any special, incidental, or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions, or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death, legal expenses, or willful conduct or gross negligence of the Company. The Company’s recovery from the Consultant for any claim shall not exceed the purchase price paid by the Company for the goods, irrespective of the nature of the claim, whether in the warranty, Agreement or otherwise. The Company shall indemnify, defend, and hold the Consultant harmless from any claims brought by any party regarding products supplied by the Company and incorporated into the Company’s product. All agreed-upon products and services implemented are agreed upon by the Company and executed by the Consultant.

7. Limitation of Liability

(a) Artificial Intelligence Use

The Consultant’s liability for any claims, damages, or losses arising out of or related to the use of artificial intelligence systems in the performance of the Services under this Agreement shall be limited to the total fees paid by the Company to the Consultant under this Agreement. This limitation of liability shall apply to all claims, without limitation, to claims of negligence, breach of contract, or statutory violations, except in cases of willful misconduct or gross negligence by the Consultant. The parties acknowledge and agree that this limitation of liability is a material term of this Agreement and has been negotiated at arm’s length between sophisticated commercial entities. The Consultant shall not be liable for any consequential, incidental, or indirect damages, including but not limited to loss of profits, data, or business opportunities, arising from the use of AI systems, except where such damages result from the Consultant’s willful misconduct or gross negligence. The Consultant represents that it will comply with applicable Colorado laws and regulations governing the use of artificial intelligence and will take reasonable care to mitigate risks of algorithmic discrimination.

(b) Limitation of Liability for Cybercrime, Cyber-intrusion, or other Cyber Security related matters

The Consultant shall not be liable for any claims, damages, or losses arising out of or related to any cybercrime committed against the Company or the Consultant, including but without limitation regarding, any losses related to: cyberattacks, data breaches, unauthorized access, malware, phishing, fraud, or any other forms of cybercrime, whether perpetrated by third parties or resulting from failure to implement reasonable security measures. You acknowledge and accept full responsibility for maintaining and implementing such security measures when accessing and using our Services.

(c) Social Media

You understand that the Services, or a portion of such Services, provided by the Consultant are prepared for You to be used on third-party social media websites, apps and other systems (“Social Media”). You agree to hold the Consultant harmless for any ban, blocking, or other prohibition of posting Consultant’s provided content on Social Media platforms which have sole decision-making authority regarding posting on such platforms.

(d) Misuse of Services

From time to time, NLDM may be required to restrict the nature, content or use of services as a result of restrictions in federal, state, and local laws, rules, or regulations. NLDM shall make best efforts to effectively communicate with the Company regarding any limitations on services. The Company bares sole responsibility for ensuring that end marketing products comply with or comport with federal, state, and local laws, rules, or regulations. If Company operates in a highly regulated business environment, such as the dispensary business, Company needs to seek legal counsel regarding its marketing efforts to ensure the Company complies with the federal, state, and local laws, rules and regulations in their marketing efforts. The Company may not misuse Consultant’s Services for purposes of violating legal requirements.

You understand that Consultant is not liable for any third-party products, equipment, or other services not provided by the Consultant to You.

(e) ADA Compliance

Consultant is committed to ensuring digital accessibility of the Services it provides for people with disabilities. Consultant is continually improving the user experience for everyone and applying the relevant accessibility standards. The Consultant regularly reviews its digital properties to ensure compliance with relevant accessibility standards and guidelines. If You encounter any accessibility issues on our website or within the Services provided to You, please contact us at _______________. While Consultant is committed to digital accessibility, it shall not be held liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or digital platforms, or with the delay or inability to use such platforms, even if it has been advised of the possibility of such damages. While Consultant strives to adhere to these guidelines and standards in all of its produced content, it cannot guarantee that third-party content, software, or applications within our digital properties and Services will be fully accessible and Consultant shall not be liable for any damages resulting from failure of such third-party vendors or content to comply with any applicable laws, standards, or regulations. The Consultant reserves the right to modify this accessibility clause as needed to reflect changes in technology, legal requirements, or its commitment to accessibility and You are encouraged to review this clause periodically for any updates thereto.

8. Independent Contractor

The Consultant agrees that all Services will be rendered by it as an independent contractor and that this Agreement does not create an employer-employee relationship between the Consultant and the Company. The Consultant shall have no right to receive any employee benefits provided by the Company to its employees. This Agreement does not authorize the Consultant to act for the Company as its agent or to make commitments on behalf of the Company.

9. Force Majeure

Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, pandemic, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.

The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume. In the event the interruption of the excused Party’s obligations continues for a period in excess of Thirty (30) calendar days, either Party shall have the right to terminate this Agreement upon delivery of written notice by: (a) hand delivery, with written confirmation of receipt; (b) when received by the addressee if sent by a nationally recognized overnight courier with tracking and delivery confirmation; (c) on the date sent by email, if sent during normal business hours on a business day, or on the next business day if sent after normal business hours or on a non-business day; or (d) on the fifth business day after the date mailed by certified mail, return receipt requested, postage prepaid.

10. Assignment

The Services to be performed by the Consultant hereunder are personal in nature, and the Company has engaged the Consultant as a result of the Consultant’s expertise relating to such Services. Consultant, therefore, agrees that it will not assign, sell, transfer, delegate, or otherwise dispose of this Agreement or any right, duty, or obligation under this Agreement without the Company’s prior written consent, such consent shall not be unreasonably withheld. Nothing in this Agreement shall prevent the assignment by the Company of this Agreement or any right, duty, or obligation hereunder to any third party so long as Company receives the Consultant’s written consent, such consent shall not be unreasonably withheld.

11. Injunctive Relief

Consultant acknowledges that a violation of Articles 4, 5, or 6 would cause immediate and irreparable harm to the Company for which money damages would be inadequate. Therefore, the Company will be entitled to injunctive relief for the Consultant’s breach of any of its obligations under this Agreement without proof of actual damages and without the posting of a bond or other security. Such remedy shall not be deemed to be the exclusive remedy for such violation but shall be in addition to all other remedies available at law or in equity.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or other jurisdiction). Any legal suit, Action, proceeding, or dispute arising out of, or related to, this Agreement shall be instituted in the District Court of El Paso County, State of Colorado; and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, proceeding, or dispute. Furthermore, each Party irrevocably waives its rights to object to the foregoing choice of law, jurisdiction, or venue terms based on any theory whatsoever.

13. Enforcement; Attorneys’ Fees

In the event any Party takes legal action against the other to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover its expenses incurred in doing so, including, but not limited to, costs, filing fees, consultant fees, and reasonable attorneys’ fees, from the other Party. Such an award of fees and costs shall include any appellate or post-judgement collection work in addition to the underlying action.

14. General

This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This Agreement may not be modified other than by a written instrument executed by duly authorized representatives of each Party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement. Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.

15. Survival of Provisions

The following provision, of this Agreement shall survive the termination of this Agreement: Articles 3(d), 3(e), 4(b), 4(c), 4(d), 5, 6, 7, 8, 9, 10, 12, 13, 14, and 16, and all other provisions of this Agreement that by their nature extend beyond the termination of this Agreement.

16. Company Industry-Specific Terms

Additional industry-specific terms will be outlined and agreed upon within Your contract if needed. In the case that no contract is needed this section (16) is considered null and void.

(For use with Dispensary contracts):

MARIJUANA ADVERTISING IS GOVERNED BY COLORADO STATE LAW. SEE C.C.R. § 212-3, C.R.S. § 44-10-101, et. seq. and federal restrictions. OUR SERVICES MAY NOT BE USED TO ADVERTISE TO PERSONS UNDER TWENTY-ONE (21). ADS MAY NOT APPEAL TO CHILDREN OR BE PLACED IN A MEDIUM WHERE MORE THAN 28.4% OF THE AUDIENCE IS REASONABLY EXPECTED TO BE UNDER 21. NLDM IS LEGALLY REQUIRED TO VERIFY AND DOCUMENT AUDIENCE COMPOSITION BEFORE ENGAGING IN A MARKETING CAMPAIGN (E.G. MEDIA DEMOGRAPHICS, DIGITAL MARKETING TOOLS, ETC.) MARKETING MAY NOT INCLUDE THE FOLLOWING: BILLBOARDS, TELEVISION, RADIO OR PRINT ADS UNLESS NLDM HAS VERIFIED AND LEGITIMATE DOCUMENTATION THAT LESS THAN 28.4% OF THE AUDIENCE IS UNDER TWENTY-ONE (21) YEARS OLD (THIS INCLUDES THE LIMIT THAT NO INFLUENCER, YOUTUBER OR OTHER SOCIAL MEDIA PERSONS MAY BE USED IF SUCH USE WOULD APPEAL TO A CROWD UNDER TWENTY-ONE (21), NO GIVEAWAYS, COUPONS, DISCOUNTS, OR FREE MARIJUANA, NO ADVERTISING ON PUBLIC TRANSPORTATION OR PARK BENCHES, NO USE OF CARTOONS, TOYS, OR IMAGES THAT MAY APPEAL TO YOUTH, AND NO HEALTH OR CURATIVE CLAIMS ABOUT CANNABIS. ALL ADVERTISING THAT IS PERMISSIBLE MUST USE THE FOLLOWING DISCLAIMER: “This product is for use only by adults 21 years and older. Keep out of reach of children. The intoxicating effects of marijuana may be delayed by two hours. Marijuana use may be habit-forming and can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.” COMPANY MUST MAINTAIN ALL DOCUMENTATION AND INTERNAL CONTROLS TO PROVE DEMOGRAPHIC COMPLIANCE, AGE VERIFICATION RECORDS, INTERNAL COMPLIANCE FOR DEMOGRAPHIC RESTRICTIONS, AND APPROVAL LOGS. ADDITIONAL ADVERTISING AT THE LOCAL LEVEL MAY EXIST BUT WILL BE EVALUATED ON A CASE-BY-CASE BASIS, AND AS SUCH, NLDM CANNOT GUARANTEE A PREFERRED METHOD OF ADVERTISING WILL BE PERMISSIBLE.)

17. Additional Terms of Performance

NLDM in no way guarantees the performance of Parties employees or productivity. Payment of invoice in partial or full is in agreement with all terms and conditions outlined online and within Your contract. Consultant is obligated to inform the Company of any changes of terms within 30 days via email on file. The Company has 30 days after the date of invoice, prior to payment, to contest any newly added terms. After 30 days, or after payment of the invoice, Company voluntarily agrees to all terms and conditions outlined online at www.NLDMsimplify.com/legal and within the written Invoice and Agreement if applicable.

NLDM Terms and Conditions updated 7/30/2025

Cookies Policy

Updated as of 11/01/2025

Cookies are small data files that are stored on your web browser or device by websites you visit. A cookie file makes websites work more efficiently, provides reporting information, and allows websites to curate content based on your preferences.

When you use and access the Service, we may place cookie files in your web browser or on your device.

We use cookies to enable certain functions of the Service, provide analytics, store your preferences, enable advertisement delivery, including behavioral advertising.

We use both session and persistent cookies on the Service and certain types of essential cookies that are recommended or required for optimal performance of the Service. We may use essential cookies to authenticate users and prevent fraudulent access to user accounts.

Third-party cookies

In addition to our cookies, we may also use various third-party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and more. We do not control these cookies; you should check the respective third-party websites or vendors for more information about third-party cookie use.

What are your choices regarding cookies?

If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you may not be able to use the features we offer, you may not be able to store your preferences, and some of our pages may not display properly.

Where can you find more information about cookies

You can learn more about cookies at the following third-party websites:

 

NLDM does not control third-party websites and does not represent or warrant the accuracy of the information contained therein. These websites are provided to you merely for educational purposes and are not intended to be exclusively relied upon. The content of these websites was not produced by NLDM and NLDM does not intend to provide explicit or implicit guidance or education on the use of cookies.

For any questions regarding this cookie policy, please contact us at (719) 445-9066.

We reserve the right to modify and update this cookie policy at any time. Changes will be effective immediately upon posting on our Website.

About our Surveys & Contests:

From time to time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary, and participation and disclosure of personally identifiable information is at your own discretion. The information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. NLDM will not, for any reason, disseminate information whether for a pecuniary benefit, or not, to any person or entity, including but not limited to natural persons, corporations, partnerships, governmental bodies, unincorporated associations, and legal representatives, unless NLDM is required to disclose this information by court order, subpoena, or other legal instrument compelling disclosure. If NLMC is compelled to disclose any information by legal demand, NLDM will disclose the least amount of information required to be compliant with such demand.

 If you have any questions about the applicability of this policy, or NLDM’s compliance therewith, please contact us immediately via telephone at 719-445-9066 or via email.

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