Terms & Conditions
Effective Date: June 23, 2025 Last Updated: June 24, 2025
Legal Disclaimer: The explanations and information provided in this document are general and do not constitute legal advice. The Terms & Conditions (“T&C”) presented here are designed to outline the relationship between you (the visitor or client) and us, Hilary M Counts, LLC dba BERQ Marketing. Because every business is unique, we strongly recommend consulting a licensed attorney to ensure your specific terms meet all applicable legal requirements in your jurisdiction.
1. Introduction
These Terms & Conditions ("Terms") govern your access to and use of our website, berqmarketing.com (the "Website"), and the services ("Services") offered by Hilary M Counts, LLC dba BERQ Marketing ("BERQ Marketing," "we," "us," or "our"). By accessing or using this Website or engaging our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Website or Services.
2. Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By using this Website or engaging our Services, you represent and warrant that you meet these criteria.
3. Services
BERQ Marketing offers a range of digital marketing services, including (but not limited to) strategy consulting, lead generation, automation setup, AI tools integration, content marketing, website enhancements, and other bespoke digital marketing solutions. We reserve the right to modify, suspend, or discontinue any Service or feature at any time, without prior notice.
4. Client Responsibilities
As a client engaging our Services, you agree to: a. Provide accurate, complete, and timely information, content, and materials as requested by BERQ Marketing for the execution of Services. b. Grant necessary access to your accounts (e.g., social media, website backend, analytics platforms) as required for us to perform the Services. c. Review and approve deliverables and provide feedback within agreed-upon timelines. d. Ensure that any content or materials you provide comply with all applicable laws and do not infringe on the rights of any third party.
5. Payment & Billing
All fees for Services will be clearly outlined in your specific proposal, service agreement, or invoice. Payments must be made on the agreed-upon terms. Late payments may result in the suspension or termination of Services, additional late fees, and/or collection efforts. All prices are in U.S. Dollars unless otherwise specified.
6. Intellectual Property
All content, trademarks, logos, service marks, designs, and materials displayed on this Website are the property of BERQ Marketing or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written permission.
Regarding client-provided content, you grant BERQ Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content solely for the purpose of providing the Services to you.
7. User Conduct
You agree not to misuse our Website or Services, including, but not limited to: a. Attempting to gain unauthorized access to or disrupt our Website, servers, or networks. b. Using our Services for any unlawful, fraudulent, or misleading purpose. c. Submitting false, inaccurate, or misleading information. d. Engaging in any activity that could damage, disable, overburden, or impair our Website or interfere with any other party's use and enjoyment of our Website. e. Collecting or harvesting any personally identifiable information from the Website or Services. We reserve the right to terminate or suspend access to our Website or refuse service to anyone violating these Terms or engaging in conduct we deem inappropriate, harmful, or unlawful.
8. Third-Party Tools & Links
Our Website and Services may include links to third-party websites, applications, or tools. BERQ Marketing is not responsible for the content, practices, reliability, or security of any third-party resources. Your use of third-party tools or websites is at your own risk and subject to their respective terms and conditions and privacy policies.
9. Data Privacy
Your use of our Website and Services is also governed by our Privacy Policy, located at https://berqmarketing.com/privacy-policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using our Website and Services, you consent to the data practices described in our Privacy Policy.
10. Warranties & Disclaimers
We strive to provide high-quality services and accurate information, but we make no guarantees or warranties regarding specific results, outcomes, or the continuous, uninterrupted availability of our Website or Services. Digital marketing involves inherent uncertainties, and we cannot guarantee any specific level of leads, conversions, sales, or other marketing performance metrics. Your use of the Website and Services is at your sole risk. All services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
To the fullest extent permitted by applicable law, Hilary M Counts, LLC dba BERQ Marketing, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if BERQ Marketing has been advised of the possibility of such damages), resulting from: a. Your use or inability to use the Website or Services. b. Any conduct or content of any third party on the Website. c. Any content obtained from the Website or Services. d. Unauthorized access, use, or alteration of your transmissions or content. e. Any other matter relating to the Website or Services. In no event shall BERQ Marketing's aggregate liability for all claims relating to the Website or Services exceed the amount you paid to BERQ Marketing for the specific Services giving rise to the claim in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Hilary M Counts, LLC dba BERQ Marketing, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms, your use of the Website or Services, or your violation of any rights of another.
13. Confidentiality
BERQ Marketing agrees to keep confidential any proprietary or sensitive information provided by the client, marked as confidential or reasonably understood to be confidential, used in connection with the Services, and will not disclose it to any third party except as necessary to perform the Services or as required by law. Similarly, clients agree to keep confidential any proprietary information of BERQ Marketing they may gain access to during the course of the engagement.
14. Termination
We reserve the right to suspend or terminate your access to our Website or Services at any time, with or without notice, for violation of these Terms, for conduct we determine to be inappropriate, harmful, or unlawful, or for any other reason in our sole discretion. Upon termination, your right to use the Website and Services will immediately cease.
15. Changes to These Terms
We may update or revise these Terms & Conditions at any time. Any changes will be posted on this page, and the "Last Updated" date at the top will be revised. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of those changes.
16. Governing Law & Dispute Resolution
These Terms & Conditions are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or your use of the Website or Services shall be resolved exclusively in the state or federal courts located in Larimer County, Colorado.
17. Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Entire Agreement
These Terms & Conditions, together with our Privacy Policy and any specific service agreements or proposals, constitute the entire agreement between you and BERQ Marketing regarding your use of the Website and Services, superseding any prior agreements, communications, or proposals, whether oral or written.
19. No Partnership or Agency
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and BERQ Marketing.
20. Contact Us
If you have questions about these Terms & Conditions, please contact us at:
Hilary M Counts, LLC dba BERQ Marketing
Address: 609 Wagon Bend Rd, Berthoud CO 80513
Email: willy.counts@gmail.com
Phone: (970) 698-9181