Effective Date: [11/09/25]
These Terms of Use (“Terms,” “Agreement”) constitute a legally binding agreement between Blue Peak Marketing LLC (“Blue Peak,” “we,” “us,” or “our”) and any individual or entity (“User,” “you,” or “your”) who accesses, visits, or uses any Blue Peak website, marketing platform, CRM system, landing page, survey, or affiliated service (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, do not access or use our Services.
1. Scope of Services
Blue Peak provides digital marketing, lead generation, automation setup, customer relationship management tools, advertising campaign management, and educational content (“Marketing Services”).
The Services may include, but are not limited to:
Surveys, forms, and landing pages used to qualify or nurture leads;
CRM dashboards, email and SMS automations, and client analytics;
Educational articles, webinars, or other informational materials hosted on our website.
Blue Peak may modify, suspend, or discontinue any part of the Services at its discretion, without prior notice or liability.
2. Eligibility and Age Restrictions
The Services are intended for individuals aged 13 years or older. If you are under 18, you may only use the Services under the supervision of a parent or legal guardian. By using the Services, you represent that you meet these eligibility requirements.
3. User Responsibilities
You agree to use the Services in a lawful and ethical manner and to comply with all applicable federal, state, and local laws. You further agree not to:
Use the Services to send spam, harassment, abusive communications, or engage in any fraudulent or misleading conduct.
Upload or transmit any viruses, malicious code, or unauthorized scripts.
Interfere with or disrupt the security, availability, or performance of the Services.
Attempt to reverse-engineer, copy, or resell Blue Peak’s proprietary systems or data.
Impersonate another person or entity or misrepresent your affiliation with any person or organization.
Blue Peak reserves the right to investigate and take appropriate action, including account suspension or termination, against any User who violates these Terms.
4. Intellectual Property Rights
All content, design, graphics, software, trademarks, logos, and other materials available on or through the Services (“Blue Peak Content”) are owned by or licensed to Blue Peak and are protected by applicable copyright, trademark, and intellectual property laws.
You may not copy, distribute, modify, transmit, or create derivative works of any Blue Peak Content without express written consent. Any unauthorized use constitutes infringement and may result in legal action.
5. Third-Party Links and Integrations
The Services may include integrations with or links to third-party tools and platforms, including but not limited to Meta, Google, GoHighLevel, and other advertising or analytics providers. Blue Peak is not responsible for the content, policies, or practices of these third-party services. Your interactions with such third parties are governed by their respective terms and privacy policies.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE PEAK, ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
BLUE PEAK’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO BLUE PEAK IN THE SIX (6) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
7. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Blue Peak makes no representations that the Services will be uninterrupted, error-free, or secure, or that use of the Services will result in specific business outcomes.
8. Account Suspension and Termination
Blue Peak reserves the right, at its sole discretion, to suspend or terminate access to the Services for any User who violates these Terms or engages in conduct deemed harmful to Blue Peak, its systems, or its clients. Upon termination, all rights granted to you under these Terms shall immediately cease.
9. Arbitration Agreement and Class Action Waiver
9.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
Arbitration shall take place in the State of Texas, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.2 Class Action Waiver
You and Blue Peak agree that any claims shall be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
You expressly waive the right to participate in a class action or class arbitration.
10. Governing Law and Jurisdiction
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the arbitration provision above, you consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas for any disputes not subject to arbitration.
11. Modifications to the Terms
Blue Peak reserves the right to modify or update these Terms at any time, at its sole discretion. Changes will be effective upon posting the revised version on the website, with the “Effective Date” updated accordingly. Continued use of the Services following such modifications constitutes acceptance of the revised Terms.
12. Indemnification
You agree to indemnify, defend, and hold harmless Blue Peak and its officers, directors, employees, agents, affiliates, and partners from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any rights of a third party.
13. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and Blue Peak concerning the use of the Services and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
15. Contact Information
For questions, concerns, or notices under these Terms, you may contact:
Blue Peak Marketing LLC
Email: [email protected]
