RAPID ACTIVE MARKETING INC.
Terms of Service
Effective Date: June 1, 2026 | Last Updated: June 1, 2026
Welcome to Rapid Active Marketing Inc. ("Website," "Platform"). This Terms of Service Agreement ("Agreement") is made and entered into by and between you and Rapid Active Marketing Inc., a New Jersey corporation ("Company," "us," "we," or "our"). This Agreement governs your use of and access to our website, marketing services, digital products, coaching, consulting, AI-powered tools, and all other products and services provided by or on behalf of the Company (collectively, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
1. INTRODUCTION
1.1 Acceptance Through Use
By accessing or using the Services, clicking "accept" or "agree," or by purchasing any Services, you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility
To use the Services, you must: (i) be at least 18 years of age; (ii) have the legal capacity to enter binding contracts; (iii) not be a competitor of the Company or using the Services for competitive intelligence purposes; and (iv) not have been previously suspended or removed from the Services. By using the Services, you represent and warrant that you meet all foregoing eligibility requirements.
1.3 Changes to This Agreement
The Company reserves the right to modify this Agreement at any time in its sole discretion. The Company will provide reasonable notice before material changes become effective, except where changes are required for legal or regulatory compliance, in which case they may take effect immediately. Your continued use of the Services following any amendment constitutes your acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically. Changes do not apply retroactively.
2. ACCESS TO THE SERVICES
2.1 Service Modifications
The Services may change from time to time as the Company evolves its offerings. The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice to you. The Company shall have no liability to you or any third party for any such modification, suspension, or discontinuation.
2.2 Account Creation
Certain Services may require you to create an account. You agree to provide accurate, complete, and current information and to keep your account information updated. You may not use a false identity or impersonate another person. If you connect through a third-party service, you grant us permission to access and store your credentials as permitted by that service. All account information is governed by our Privacy Policy.
2.3 Account Responsibilities
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You may not share your account credentials with any third party without our prior written consent. You agree to immediately notify the Company of any actual or suspected unauthorized access to your account. The Company is not liable for any loss or damage resulting from your failure to safeguard your account credentials. You may be held liable for losses incurred by the Company or any third party due to unauthorized use of your account.
2.4 Suspension or Termination of Account
The Company reserves the right to suspend or terminate your account at any time, without prior notice, in its sole and absolute discretion, including without limitation for breach of this Agreement, conduct that we determine to be harmful to the Company or other users, or failure to pay any fees when due.
3. ARTIFICIAL INTELLIGENCE (AI) SERVICES
3.1 Nature of AI Services
The Services may include AI-powered features, including but not limited to AI voice assistants, text-based chatbots, automated content generation tools, and other automated systems (collectively, "AI Services"). These AI Services utilize machine learning, natural language processing, and other automated technologies.
3.2 AI Interaction Disclosure
When you interact with our AI Services, you are communicating with an automated system, not a human representative. We will identify when you are interacting with an AI system rather than a human agent. You acknowledge and understand this distinction.
3.3 AI Limitations and Disclaimers
You acknowledge and agree to the following:
a) Inherent Limitations. AI technology has inherent limitations and may produce incomplete, inaccurate, inappropriate, or unexpected responses. We make no guarantees as to the accuracy, quality, or fitness for purpose of any AI-generated content.
b) Not Professional Advice. Nothing provided by our AI Services constitutes legal, financial, medical, tax, or other professional advice. You shall not rely solely on AI-generated content for critical decisions without independent verification by qualified professionals.
c) No Official Position. AI-generated content does not necessarily reflect the Company's official position or policies. In all cases, our official policies and direct human communications supersede AI-generated content in the event of any discrepancy.
d) Third-Party Information. AI Services may reference or relay information from third-party sources. The Company does not endorse, verify, or guarantee the accuracy of any such third-party information.
e) Right to Modify. The Company reserves the right to review, modify, or remove any AI-generated content at any time without notice.
3.4 User Responsibilities for AI Services
When using our AI Services, you agree to:
• Use AI Services only for lawful purposes and in accordance with this Agreement;
• Not attempt to manipulate, reverse engineer, circumvent, or exploit the safety mechanisms or guardrails of our AI Services;
• Not use AI Services to generate content that is illegal, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Independently verify any important information provided by AI Services before relying on it;
• Not use AI Services to impersonate others or to obtain unauthorized sensitive information from third parties.
3.5 Data Use for AI Training and Improvement
By using our AI Services, you acknowledge that we may collect, store, and analyze your interactions (including queries, preferences, and feedback) to train, improve, and optimize our AI systems. All such data is handled in accordance with our Privacy Policy. You may request deletion of your AI interaction history by contacting us at team@rapidactivemarketing.com.
3.6 Bot Disclosure
In compliance with applicable law, we disclose that our automated agents are bots. This disclosure is made clearly and conspicuously at the beginning of any interaction with an automated system.
3.7 Intellectual Property in AI-Generated Content
Unless otherwise specified in a separate written agreement, content generated by our AI Services in response to your inputs is owned by the Company. The Company grants you a limited, non-exclusive, non-transferable, revocable license to use such content for your personal or internal business purposes only. You may not sell, license, sublicense, or commercialize any AI-generated content without our explicit prior written consent. You agree not to misrepresent AI-generated content as human-created content.
3.8 AI Service Availability and Modifications
The Company does not guarantee uninterrupted availability of AI Services. We may modify, update, suspend, or discontinue any aspect of our AI Services at any time without prior notice and without liability to you. No compensation will be owed for any such modification, suspension, or discontinuation.
3.9 Limitation of Liability for AI Interactions
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM: (a) RELIANCE ON AI-GENERATED CONTENT; (b) AI SYSTEM ERRORS OR MALFUNCTIONS; (c) DECISIONS MADE BASED ON AI-GENERATED INFORMATION; (d) ANY MISCOMMUNICATION DURING AI INTERACTIONS; OR (e) ANY OFFENSIVE OR INAPPROPRIATE CONTENT GENERATED DESPITE OUR SAFEGUARDS.
4. ACCEPTABLE USE POLICY
4.1 Permitted Use
You may use the Services for lawful business or personal purposes in accordance with this Agreement. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
4.2 Prohibited Activities
You agree not to engage in any of the following activities:
f) Violation of Laws. Violate any applicable federal, state, or local law or regulation, including intellectual property laws and privacy or publicity rights.
g) Unsolicited Communications. Send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited commercial communications.
h) Impersonation. Impersonate any person or entity, or misrepresent your affiliation with any person or entity, in a manner intended to deceive or mislead others.
i) Harm to Minors. Exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or attempting to obtain their personal information.
j) Content Standards Violations. Upload, display, distribute, or transmit material that does not comply with the Content Standards set forth in Section 8.
k) Interference with Others. Harass, intimidate, or interfere with any other user's access to or use of the Services.
l) Service Disruption. Use any device, software, or routine to interfere with, disable, impair, or place an undue burden on the infrastructure of the Services, including any servers or networks connected to the Website.
m) Unauthorized Data Collection. Scrape, crawl, spider, or otherwise collect data from the Website using automated tools, except as expressly authorized by the Company in writing.
n) Malicious Software. Upload or transmit viruses, Trojan horses, worms, ransomware, logic bombs, or any other malicious code or software.
o) Unauthorized Access. Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.
p) Reverse Engineering. Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Services.
q) User Data Collection. Harvest, collect, or aggregate personally identifiable information of other users without their express consent.
r) Competitive Intelligence. Access or use the Services or any content therein to build or assist in building a competing service, product, or business.
s) Facilitation. Assist, permit, encourage, or enable any third party to engage in any of the foregoing prohibited activities.
4.3 Geographic Restrictions
The Company operates from the United States and the Services are intended primarily for users in the United States. By accessing the Services from any location outside the United States, you are solely responsible for compliance with all applicable local laws and regulations. The Company makes no representation that the Services are available or appropriate outside the United States.
5. TERMS AND CONDITIONS OF SALE
5.1 Purchasing Process
The purchasing process includes the following steps: (a) User selects desired Services and proceeds to checkout; (b) User provides required contact and payment information; (c) User reviews the order summary and confirms the purchase by clicking the applicable purchase button; (d) User receives a confirmation receipt via the email address provided at checkout.
5.2 Order Submission
Submission of an order constitutes acceptance of these Terms and creates a binding obligation to pay the agreed price, including any applicable taxes or fees. Where Services require your active participation or input, submission creates a corresponding obligation to cooperate and provide such input as reasonably required.
5.3 Pricing
All prices are displayed in U.S. Dollars unless otherwise indicated. The Company reserves the right to change prices at any time. Price changes will not affect orders already confirmed. You will be informed of all applicable fees, taxes, and costs before order submission.
5.4 Payment Methods
Accepted payment methods are displayed during checkout. All payments are processed through secure third-party payment processors. The Company does not store or have direct access to your payment card information. If payment is declined or fails, the Company is under no obligation to fulfill the order. You are responsible for any fees resulting from failed or reversed payments.
5.5 Access Rights Upon Payment
You do not acquire any right to access or use purchased Services until payment is received and confirmed in full by the Company.
6. SUBSCRIPTIONS AND CONTRACT DURATION
6.1 Subscription Services
Subscriptions allow you to receive Services on a recurring, continuous basis. Paid subscriptions commence on the date payment is received. You must keep your payment method current to avoid service interruptions.
6.2 Fixed-Term Subscriptions
Fixed-term subscriptions begin on the date payment is received and last for the period selected at checkout. Upon expiration, access to the Services will cease unless you renew. Fixed-term subscriptions may not be cancelled or refunded mid-term and shall run to their natural expiration.
6.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period for a renewal term equal to the prior term, at the then-current rate, unless cancelled in accordance with Section 6.4 before the renewal date. You will receive advance notice of upcoming renewal and renewal pricing.
6.4 Cancellation
You may cancel a recurring subscription at any time by submitting a written cancellation notice to team@rapidactivemarketing.com or through your account settings where applicable. Cancellation takes effect at the end of the then-current billing period. No partial-period refunds are provided upon cancellation unless otherwise required by applicable law or the Company's Refund Policy.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Company Ownership
All intellectual property rights — including copyrights, trademarks, trade secrets, patents, and any other proprietary rights — in the Services and all content, features, functionality, software, graphics, text, and materials contained therein (collectively, "Content") are and shall remain the exclusive property of Rapid Active Marketing Inc., its licensors, or other designated owners. The Content is protected by applicable U.S. and international intellectual property laws. This Agreement does not transfer any ownership interest in the Content to you.
7.2 Limited License
Subject to your continued compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your legitimate business purposes in connection with the Services. This license terminates automatically upon your cessation of use of the Services or termination of this Agreement for any reason.
7.3 Restrictions on Use
You shall not, and shall not permit any third party to:
t) Copying. Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any Content without the Company's prior written consent.
u) Modification. Modify, adapt, create derivative works of, reverse compile, reverse engineer, or disassemble any portion of the Content.
v) Commercial Exploitation. Sell, license, sublicense, assign, transfer, rent, lease, loan, or otherwise exploit the Content or the Services for commercial purposes not expressly authorized by the Company.
w) Removal of Notices. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice from the Content.
x) Competitive Use. Access or use the Content to build or assist in building a competing service, product, or platform.
y) Database Compilation. Systematically retrieve data or Content to compile databases, directories, or other collections without our express written consent.
7.4 Trademark Notice
All trademarks, service marks, trade names, logos, and other brand identifiers displayed on the Services are either owned by the Company or used with permission. You may not use any Company trademark, service mark, or logo without the prior written consent of the Company.
8. USER CONTENT STANDARDS, LICENSING & RESPONSIBILITIES
8.1 User-Generated Content
The Services may provide features that allow you to post, upload, submit, or transmit content or materials ("User Content"). You are solely responsible for all User Content you submit. All User Content must comply with the Content Standards set forth in Section 8.3. User Content is deemed non-confidential and non-proprietary. You assume all risks associated with your User Content, including any reliance on its accuracy or any disclosure that personally identifies you or any third party.
8.2 License Grant
By submitting User Content, you grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, distribute, publicly display, perform, prepare derivative works of, and otherwise exploit your User Content in connection with the Services and the Company's business operations, including for marketing and promotional purposes in any media or format now known or hereafter developed. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights.
8.3 Content Standards
User Content must not:
z) Legal Violations. Violate any applicable law or regulation, or any contractual or fiduciary obligation.
aa) Illegal Activity. Promote, facilitate, or assist in any unlawful act or create any risk of harm, loss, or damage to any person or property.
bb) IP Infringement. Infringe any copyright, trademark, patent, trade secret, or other intellectual property right of any person.
cc) Harmful Content. Contain material that is defamatory, abusive, harassing, threatening, hateful, obscene, vulgar, or otherwise objectionable as determined by the Company in its sole discretion.
dd) Discriminatory Content. Promote sexually explicit material, graphic violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, or any other protected characteristic.
ee) Fraudulent Content. Contain false, misleading, or deceptive information, or impersonate any person or organization.
ff) False Endorsement. Imply endorsement, sponsorship, or affiliation with the Company or any other person or entity without authorization.
8.4 Monitoring and Enforcement
The Company reserves the right, but is not obligated, to: (a) monitor, review, or remove User Content at any time in its sole discretion; (b) disclose User Content or user identity to comply with law, regulation, legal process, or government request, or to protect the rights, property, or safety of the Company or others; and (c) terminate or suspend access to the Services for any violation of this Agreement. The Company is not responsible for any failure to remove, or any delay in removing, objectionable User Content.
8.5 DMCA Copyright Policy
The Company respects the intellectual property rights of others. If you believe content on the Services infringes your copyright, please provide our designated agent with: (a) a signature of the copyright owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that use is unauthorized; and (f) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.
Any misrepresentation of material fact in a DMCA notice subjects the complaining party to liability for all damages, costs, and fees incurred.
8.6 Feedback
Any feedback, suggestions, ideas, or recommendations you provide to the Company regarding the Services ("Feedback") are assigned to the Company and may be used by the Company for any purpose without any obligation, compensation, or restriction. Do not submit Feedback that you consider confidential or proprietary.
9. MARKETING AGENCY SERVICES
9.1 Scope of Services
The Company provides marketing agency services including, without limitation, digital marketing strategy, campaign management, advertising, content creation, marketing automation, CRM setup and management, email marketing, social media management, paid advertising, and related consulting services ("Agency Services"). The specific scope of Agency Services will be set forth in a separate Statement of Work, Service Agreement, or order form between you and the Company.
9.2 Client Responsibilities
In connection with Agency Services, you agree to: (a) provide timely access to accounts, platforms, assets, and information reasonably required by the Company; (b) review and approve deliverables within agreed timelines; (c) provide accurate and complete information; and (d) ensure all materials you provide are free from third-party intellectual property claims. Delays caused by your failure to cooperate shall not be attributed to the Company.
9.3 Third-Party Platforms
Agency Services may require integration with or use of third-party platforms including, without limitation, Google, Meta, GoHighLevel, and other advertising or marketing technology platforms. You acknowledge that: (a) such platforms are subject to their own terms of service; (b) the Company's ability to perform is dependent on your compliance with those platform terms; (c) the Company is not liable for changes, outages, policy updates, or account suspensions initiated by third-party platforms outside of our direct control; and (d) advertising account suspensions resulting from your actions or prior platform policy violations are your responsibility.
9.4 White-Label CRM Services
Where the Company provides white-labeled CRM services (including GoHighLevel-based platforms), the following applies:
gg) Platform Provider. The underlying software, servers, and infrastructure are owned and operated by GoHighLevel LLC. The Company is not liable for platform outages, data issues, feature changes, or security incidents originating within GoHighLevel's infrastructure.
hh) Support. The Company will provide first-line support and will escalate platform issues to GoHighLevel on your behalf where commercially reasonable.
ii) Platform Changes. GoHighLevel may modify, update, or discontinue features at any time. The Company will use reasonable efforts to notify you of material changes but is not liable for the impact of such changes.
jj) Data Processing. Your data within the white-labeled CRM is subject to GoHighLevel's own privacy policy in addition to ours.
10. SMS AND TEXT MESSAGING SERVICES
10.1 Regulatory Compliance
All text messaging services provided through or in connection with the Services must comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable carrier and telecommunications regulations. You are solely responsible for obtaining proper consent prior to sending any text messages to your contacts through our platform.
10.2 Required Consent
You must include compliant consent language on all forms collecting phone numbers for text messaging, clearly disclosing the types of messages to be sent, message frequency, message and data rates, and opt-out instructions.
10.3 Prohibited Messaging
You agree not to use our messaging services to: (a) send messages without prior express written consent; (b) violate the TCPA, CAN-SPAM Act, or any applicable telecommunications law; (c) send illegal, offensive, or harassing content; (d) contact persons who have opted out; or (e) send messages at times prohibited by applicable law or carrier rules.
10.4 SMS Data Privacy
No mobile opt-in data, phone numbers, or messaging consent information will be shared with any third party for marketing or promotional purposes. Such data will only be shared with aggregators and providers strictly necessary to deliver the SMS service. All SMS data is handled in accordance with our Privacy Policy.
10.5 Opt-Out Management
Opt-out requests from message recipients must be honored immediately and permanently. You agree not to contact persons who have opted out through alternative means without obtaining new, separate, express written consent. The Company reserves the right to enforce opt-out compliance across all customer accounts.
11. ASSUMPTION OF RISK
All information and content provided through the Services is for general informational and business purposes only. The Company makes no warranty as to the accuracy, completeness, suitability, or fitness for any particular purpose of any such information. Any reliance on information provided through the Services is strictly at your own risk. The Company expressly disclaims all liability and responsibility for any reliance placed on such information by you or any third party.
12. PRIVACY
By using the Services, you consent to the collection, use, and sharing of your personal information as described in the Company's Privacy Policy, available at rapidactivemarketing.com/privacy-policy, which is incorporated by reference into this Agreement.
The Company does not knowingly collect or solicit personal information from children under 13 years of age in compliance with the Children's Online Privacy Protection Act (COPPA). If you believe a child under 13 has provided personal information, contact us immediately at team@rapidactivemarketing.com and we will delete such information promptly.
13. TERMINATION
13.1 Termination by the Company
The Company may suspend or terminate your access to the Services at any time, for any reason or no reason, including for any breach of this Agreement, with or without prior notice and without any liability whatsoever to you. Upon termination, your right to access and use the Services ceases immediately.
13.2 Termination by You
You may terminate this Agreement at any time by ceasing use of the Services and, if applicable, contacting the Company to close your account. Termination does not relieve you of any obligations arising prior to the date of termination, including any outstanding payment obligations.
13.3 Effect of Termination
All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions. The Company may delete your User Content and account data upon termination without further obligation.
14. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; IF APPLICABLE LAW REQUIRES ANY WARRANTIES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAPID ACTIVE MARKETING INC., ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY — WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, successors, and permitted assigns ("Indemnified Parties") from and against any and all claims, actions, demands, damages, losses, liabilities, judgments, fines, penalties, settlements, costs, fees, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your breach of this Agreement; (d) your violation of any applicable law, regulation, or third-party right; (e) any action taken by a third party using your account or credentials; or (f) any misrepresentation made by you to any third party.
The Company reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate in such defense. You shall not settle any indemnified claim without the Company's prior written consent.
17. DISPUTE RESOLUTION
17.1 Governing Law
This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to any conflict of law principles that would result in the application of the law of any other jurisdiction.
17.2 Informal Resolution
Before initiating any formal legal proceedings, you agree to first contact the Company at team@rapidactivemarketing.com and provide written notice describing your claim in reasonable detail. The parties agree to attempt in good faith to resolve the dispute informally for a period of thirty (30) days following such notice. This informal resolution process is a prerequisite to any formal claim, except for claims seeking emergency injunctive or equitable relief.
17.3 Binding Arbitration
If the dispute is not resolved informally, at the Company's election, any claim arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with the arbitration conducted in New Jersey. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.
The prevailing party in arbitration shall be entitled to recover reasonable attorneys' fees, expert witness costs, and other costs and expenses of the proceeding, unless the arbitrator for good cause determines otherwise.
17.4 Class Action Waiver
ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, COLLECTIVE ACTION, OR ANY JOINT OR CONSOLIDATED PROCEEDING OF ANY KIND. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND RESOLVED IN COURT WHILE ALL OTHER CLAIMS PROCEED IN INDIVIDUAL ARBITRATION.
BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION.
17.5 Venue for Non-Arbitrated Claims
For any claims not subject to arbitration, or in the event arbitration is found inapplicable, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey, United States, and waive any objection to such jurisdiction or venue based on inconvenience.
18. GENERAL PROVISIONS
18.1 Entire Agreement
This Agreement, together with the Privacy Policy, Refund Policy, Cookie Policy, and any other policies expressly incorporated herein, constitutes the entire and exclusive agreement between you and the Company with respect to the Services and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings. In the event of any conflict between this Agreement and any other policy, this Agreement shall control unless expressly stated otherwise.
18.2 Severability
If any provision of this Agreement is held invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
18.3 No Waiver
The Company's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision in the future. No waiver is effective unless in writing and signed by an authorized representative of the Company.
18.4 Assignment
You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without the Company's prior written consent. Any purported assignment in violation of this Section is null and void. The Company may freely assign this Agreement, including in connection with a merger, acquisition, sale of assets, or operation of law.
18.5 Relationship of the Parties
Nothing in this Agreement shall be deemed to create an employer-employee, agency, partnership, joint venture, or franchisee relationship between you and the Company. The parties are independent contractors.
18.6 No Third-Party Beneficiaries
This Agreement is for the sole benefit of you and the Company. No third party shall have any rights or remedies under this Agreement.
18.7 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, power outages, internet service disruptions, third-party platform failures, or pandemics ("Force Majeure Events"). The Company's obligations are suspended during a Force Majeure Event and shall resume promptly upon its resolution.
18.8 Notices
All notices under this Agreement must be in writing. Notices to the Company must be sent to team@rapidactivemarketing.com or to the postal address below. Notices are deemed delivered: upon personal delivery; one (1) business day after deposit with a recognized overnight carrier; three (3) business days after deposit in U.S. mail, certified with return receipt requested; or immediately upon confirmed electronic transmission.
18.9 Export Compliance
You may not use, export, import, or transfer the Services except as authorized by applicable U.S. law and the law of the jurisdiction in which you access the Services.
18.10 Anti-Spam Compliance
In using the Services, you agree to comply with all applicable anti-spam laws, including the CAN-SPAM Act and any analogous legislation in your jurisdiction, including obtaining proper consent before sending commercial electronic messages and providing functional unsubscribe mechanisms.
18.11 Electronic Signatures and Records
You consent to the use of electronic signatures, contracts, orders, and records in connection with the Services. You waive any rights or requirements under any applicable law requiring a non-electronic signature or physical delivery of records.
18.12 Headings
Section headings are included for convenience only and shall not affect the interpretation or construction of this Agreement.
CONTACT INFORMATION
If you have any questions, concerns, or notices regarding this Agreement, please contact us at:
Rapid Active Marketing Inc.
Email: team@rapidactivemarketing.com
Address: 17 Reaville Ave #1045, Flemington, NJ 08822
Website: rapidactivemarketing.com

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