These Terms of Service (“Terms”) govern your use of AdvertisingBreakthrough.com (the “Site”) and any services, products, or materials provided by Rick Miller Marketing (“we,” “us,” “our”). By accessing or using the Site, you agree to these Terms and our Privacy Policy.
1) Services
We provide advertising design and coordination services for the Community Deal Card program (a shared 9×12 postcard mailing) and related marketing services. Specific timelines, ad sizes, prices, and deliverables may be listed on the Site, in proposals, invoices, or order confirmations.
2) Eligibility
You must be at least 18 years old and authorized to bind your business to these Terms to use our services.
3) Orders, pricing & payment
- Quotes & invoices: Prices are as quoted on the Site or as provided in writing. Taxes/fees may apply.
- Payment: Payments are processed by third-party providers (e.g., Stripe) subject to their terms.
- Due dates: Payment due dates are specified on invoices. Unpaid balances may delay or cancel service.
- Refunds: Once print production or mailing has begun (or ad slots are reserved), fees are generally non-refundable due to hard costs and category exclusivity.
4) Category exclusivity & availability
We generally permit only one advertiser per category per mailing. Availability is first-come, first-served. We reserve the right to determine category definitions and eligibility, and to decline placements that conflict with standards or timelines.
5) Artwork, approvals & deadlines
- Artwork: We can create ad designs based on your inputs. You are responsible for accuracy and legality of all content (claims, offers, trademarks, required disclosures).
- Proofs: You will receive proofs for approval. Your written approval constitutes authorization to print/mail.
- Deadlines: Failure to provide timely approvals or materials may forfeit your slot without refund.
6) Prohibited content
You agree not to submit content that is unlawful, misleading, infringing, defamatory, obscene, or otherwise inappropriate, and not to violate third-party rights (privacy, publicity, IP). We may refuse or remove content at our discretion.
7) Intellectual property
- Your materials: You grant us a non-exclusive license to use submitted content to provide services.
- Our materials: The Site and service materials (designs, templates, copy) are owned by us or our licensors and protected by law. You may not copy, modify, or reuse without permission.
8) Results & disclaimers
Marketing results vary. We do not guarantee specific outcomes (leads, sales, conversions). EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
9) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM.
10) Indemnification
You agree to defend, indemnify, and hold harmless Rick Miller Marketing and our owners, officers, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the services, or your violation of these Terms or applicable law.
11) Governing law & disputes
These Terms are governed by the laws of the State of Illinois (without regard to conflicts principles). You agree to the exclusive jurisdiction and venue of the state or federal courts located in Coles County, Illinois, except that either party may seek equitable relief in any court of competent jurisdiction.
12) Changes to the Site or Terms
We may modify or discontinue the Site or services at any time. We may update these Terms periodically; the “Last updated” date indicates the effective date. Continued use after changes means you accept the updated Terms.
13) Contact us
Rick Miller Marketing
761 8th St, Charleston, IL 61920 (USA)
Phone: (217) 689-1064 •
Email: rickmillermarketing@gmail.com