An Independent Omnichannel Agency 
Built For The Ambitious Growth Marketer

Terms & Conditions

01_introduction
  • Policy & Statements

    Terms & Conditions

    Accessibility Statement for Mile Marker

    Mile Marker is committed to ensuring digital accessibility for all users, including people with disabilities. We believe that everyone deserves a seamless, accessible experience when interacting with our website.

    Our Commitment

    We strive to ensure that milemarkeragency.com is accessible and usable by all people by adhering as closely as possible to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. These guidelines help make digital content more accessible to individuals with a wide range of abilities.

    Accessibility Features

    We are actively working to improve accessibility across our website. Features currently in place include:

    Keyboard navigation support

    Meaningful image alt text

    Clear visual contrast between text and background

    Use of semantic HTML to aid screen reader compatibility

    Scalable text for zoom-in functionality

    Ongoing Improvements

    We recognize that accessibility is an ongoing effort. We are continuously auditing our digital properties and implementing improvements based on user feedback and third-party testing tools.

    Feedback & Contact

    If you experience any issues accessing content on milemarkeragency.com, or if you have suggestions on how we can improve accessibility, please contact us.

     
     
02_Terms of Service

Last Updated: 2/10/26

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

INTRODUCTION
Welcome to Mile Marker!

These Terms outline the rules and guidelines governing your use and access of our Services and define the relationship between you (the user) and us (the service provider). For example, these Terms explain: (1) what you can expect from us; (2) what we expect from you; (3) who can do what with Your Content and on the Services; and (4) how we will resolve disputes between you and us.

By using the Services, you are entering into a binding contract with us that includes these Terms. Other Terms may govern certain features or material on the Service. By participating in any activity on the Services governed by Other Terms, you agree that you will be subject to those Other Terms in addition to these Terms.

For information on how we collect, use and protect personal data, please refer to our Privacy Policy. By using our Services, you also acknowledge our Privacy Policy.

DEFINITIONS
In this document, capitalized words not otherwise defined have the meanings given to them in this Definitions section or otherwise defined throughout. The Definitions section also includes explanations for certain lowercase words.

“ADR Services” means ADR Services, Inc., www.adrservices.com
.

“ADR Services Batching Procedure” means for the ADR Services to (i) administer Disputes in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

“ADR Services Rules” means ADR Services rules and procedures then in effect

“Company,” “we,” “our,” and “us” means and refers to Mile Marker LLC and its respective employees, directors, officers, and shareholders.

“Company Parties” means Company and Company’s predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, directors, officers, shareholders, independent contractors, parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns.

“Content” means graphics, pictures, images, artwork, videos, animations, audio, sounds, music, audio-visual effects, text, titles, names, themes, dialogue, characters, stories, concepts, objects, virtual items, patterns, textures, designs, models, concepts, interactive features, code, scripts, software, metadata, digital works, suggestions, feedback, messages, reviews, files, documents, and all other content.

“Dispute” means any dispute, claim, or controversy between you and Company Parties, including but not limited to disputes, claims, or controversies related to or arising from the Services, or these Terms or Other Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms, Other Terms, and the Arbitration Agreement included herein.

“FAA” means that Federal Arbitration Act, 9 U.S.C. § 1 et seq.

“Ideas” means the results of thought.

“IP” means any intellectual property or intellectual property rights, including any copyright, trademark, patent, trade secret, or other proprietary interests, whether registered or unregistered, under the Laws of any jurisdiction.

“Laws” means all laws, rules, codes, statutes, ordinances, regulations, treaties, directives, and legal or regulatory requirements or guidance and agreements that apply to the Services or Content.

“Licensed Parties” means Company Parties and their respective partners, representatives, agents and licensees.

“NAM” means National Arbitration and Mediation (www.namadr.com
).

“NAM Rules” means NAM’s Comprehensive Dispute Resolution Rules and Procedures and, as applicable, Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect

“Notice of Dispute” or “Notice” means a notice of Dispute from you to any Company Party.

“Notice Address” means 259 W 30th St 8th Floor, New York, NY 10001, to which a Notice of Dispute from you to Company Parties must be emailed.

“Other Terms” means individually or collectively any other agreements, addenda, or terms entered into by you and Company that are governed by, or otherwise incorporate by reference, these Terms.

“Our Content” means the Services, and any IP or Content owned or provided by or on behalf of Company Parties, including any software, technology, tools, designs, templates or tools provided to users.

“Persona” means, collectively, name, brand, likeness, image, likeness, social-media handle(s), avatars, signature, voice, performance, profile and biographical information.

“Platform Terms” means the terms of use and other applicable policies for applicable third party platforms.

“Services” means websites, technical products, features, or documentation provided by Company and other Company Parties, as applicable.

“Terms” means these Terms of Service, as updated from time to time.

“You” or “you” means the person entering into these Terms with Company.

“Your Content” means any Content you create, submit, store, upload, broadcast, provide or share using the Services, or otherwise provide to Company, including any Persona (to the extent incorporated therein), but excludes Our Content or Content provided by other users.

03_YOUR RELATIONSHIP WITH US

What you can expect from us
Services. We may offer a range of Services, your use of which is governed by these Terms.

Update, develop, and enhance Services. We may develop new technology or features that improve or modify the Services. To that end, we may add or remove certain features, functionalities, or Services. If we make a significant change that impacts your use of the Services, or if we stop offering a service altogether, we will endeavor to notify you unless the situation is urgent (for example, to prevent abuse, address security issues, respond to legal requirements, etc.).

Update, clarify, or amend these Terms. We may make non-material changes to these Terms or any Other Terms without notice, but if we make a change to these Terms or any Other Terms that materially affects your rights, we will provide you with notice (to the extent we have your contact information). If you do not agree with any Terms, including any changes to the Terms or Other Terms, you must stop using the Services. Your continued use of the Services constitutes acknowledgment of, and agreement to, the Terms, including any changes to the Terms or Other Terms.

What we expect from you
Follow all applicable rules. The permission we give you to use the Services lasts as long as you comply with: (1) these Terms; and (2) any Other Terms—which will be controlling if there is any conflict with these Terms—that may apply to specific uses of the Services. We will let you know when Other Terms apply to your use of the Services.

Provide true information. We may ask you for certain information from time to time and when the law says we have to. You agree to give us true information only, and you understand that lying or not providing certain information may mean that you won’t be able to access or use certain Services.

Give feedback or suggest improvements, if you want. If you give us any comments, feedback, or suggestions, you agree that Company Parties and all other Licensed Parties may use those submissions without notice, payment, or any other obligation to you. Company Parties do not accept unsolicited Content or Ideas from users, including, without limitation, for Services, websites or features. You acknowledge that Company Parties and all other Licensed Parties may be working on, or receive, other Ideas (or Licensed Parties’ employees or third-party independent contractors may create materials on their own) that are similar or identical in theme, format or other respects to any Idea created by you and neither Company Parties nor any other Licensed Party shall have any liability to you for any use of any Idea, including, without limitation, direct, indirect, contributory, vicarious, secondary or damages, or infringement or protection of any copyright in or to any Idea. Company Parties and any other Licensed Party are not responsible for any unauthorized use of any Idea by third parties.

Make certain promises, also known as representations and warranties. By using the Services, you represent and warrant that:

you have the rights and ability to enter into these Terms and any Other Terms;
your use of the Services and performance under any Other Terms won’t violate any third party’s rights, applicable Laws or Platform Terms;
your use of the Services will be for your personal enjoyment only or for use as outlined in any Other Terms, but not for any commercial purposes;
you exclusively own the rights in Your Content or, if not, you have obtained all rights necessary to grant Company and the other Licensed Parties the rights granted hereunder (including all sublicense rights);
the use of Your Content as set forth herein or in any Other Terms will not violate these Terms, Other Terms, any Laws or Platform Terms, or any rights (including any IP, privacy rights, or rights of publicity) of any third party, or cause Company or any other Licensed Parties to incur any additional fees; and
if Your Content uses any third party’s IP (like logos, designs, brand names), such use is expressly permitted by the applicable rights holder or otherwise is permitted by fair use or other applicable Laws.

USING THE SERVICES
Age Requirements
To use the Services, you have to be at least 18 years old. If you are not legally considered an adult where you live, please talk to your parent or legal guardian and ask them for help; only they are allowed to agree to these Terms for you. If you’re a parent or legal guardian allowing a minor to use the Services, then you agree these Terms apply to you and that you’re responsible for their and your activity on the Services. You also are responsible for any transactions undertaken by you or the minor.

Mobile Services
Data Usage and Charges. To the extent you access the Services through a Mobile Device, your mobile carrier’s standard charges, data rates and other fees may apply.

Compatibility. Though our Services are designed to be accessible on Mobile Devices, we do not guarantee full functionality or optimal user experience on all devices. Users are responsible for ensuring their Mobile Device are compatible with our Services.

Security. Accessing the Services via a Mobile Device may introduce additional security risks. Users are responsible for maintaining the security of their Mobile Devices, including keeping software up to date and protecting against unauthorized access.

Using Services Responsibly
The Services are controlled and operated from the United States, and we do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

We have to set some ground rules for the Services so that everyone can enjoy them and we can protect peoples’ rights. Therefore, you agree that:

You WILL:

treat Company and all other Licensed Parties and all users of the Services with respect; and
comply with all applicable Laws and Platform Terms.
You may not do any of the following, unless laws prohibit these restrictions or you have our advance written permission to do so:

share, download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
duplicate, change, break, decompile, reverse engineer, disassemble or decode the Services or any part thereof (including any underlying idea or algorithm), or attempt to do any of the same;
share, upload, distribute, transmit, display, perform, reproduce, duplicate or publish files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services;
use, reproduce or remove any proprietary notations displayed on or through the Services (e.g., trademark or copyright notices);
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
use the Services or any part thereof in any manner that could disable, overburden, damage, disrupt or impair the Services or any part thereof or interfere with any other party’s use of the Services or any part thereof, or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, overwhelm, burden, damage, disrupt, impair damage or disrupt or negatively impact the Services, or the computer systems or networks connected to the Services or any part thereof;
use or attempt to use another person’s device without their permission;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or any part thereof;
use any robot, mods, hacks, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services or any part thereof to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same (in no event shall any robots.txt file or other such protocol be construed as granting written permission to engage in the conduct prohibited by this paragraph);
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
use the Services for or post Content that is harmful, harassing, unethical, fraudulent, obscene, vulgar, abusive, profane, harmful, disruptive or otherwise objectionable or offensive purposes, violates other contractual or fiduciary rights, duties, or agreements;
share, upload, distribute, transmit, display, perform, reproduce, duplicate or publish deceptive, unfair or misleading statements, or unauthorized promotion (including, without limitation, chain letters or pyramid schemes, statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials);
impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of any Company Parties, or misrepresent your affiliation with any entity, including, without limitation Company Parties;
violate any applicable Laws in connection with your use of the Services or third party platform terms;
use the Services in any way not expressly permitted by these Terms or Other Terms; or
Encourage or enable any other person or entity to do any of the foregoing.

CONTENT ON THE SERVICES
Our Content
The Services include Our Content, which belongs to Company Parties (as applicable). As between you and Company Parties, the applicable Company Party shall be and remain the sole owner of Our Content. We give you permission to use Our Content solely to use the Services, subject to these Terms and any Other Terms, but we (or other Licensed Parties, as applicable) retain all IP in Our Content. You agree not to do anything to violate, infringe upon, or misappropriate our IP/Our Content.

Your Content
You own the IP in Your Content. However, you grant Company and all other Licensed Parties, including our users / users of the Service, permission to use Your Content as set forth in the license below.

Unless otherwise agreed by Company in writing, the scope of the license you grant to Your Content hereunder is:

worldwide, meaning it’s valid all over the world;
non-exclusive, meaning you can give the same license to others;
royalty-free, meaning there are no royalties owed to you for this license (and, for the sake of clarity, Company Parties may, but have no obligation to, provide or offer you compensation for, or opportunities for you to monetize, Your Content); and
irrevocable, meaning you can’t take it back.
Company and all other Licensed Parties may (but are not obligated to):

copy, use, transmit, broadcast, reproduce, publicly perform, and publicly display Your Content, including to save on the Service and its systems and show or make publicly available to other users;
modify and prepare derivative works based upon Your Content, including to edit them or make new versions of them;
otherwise use, distribute, commercialize, and exploit Your Content; and
sublicense, meaning grant any or all of these rights to other Company users / users of the Services or other third parties.
Company and all other Licensed Parties may exercise these rights for any lawful purpose including, without limitation, the purposes of:

operating and improving the Services, including to provide the Services to you and others, allow the Services to work as intended, and create new features and functionalities; and
promoting and marketing Company and all other Licensed Parties, the Services, their businesses, Our Content and Your Content.
The license above continues for as long as Your Content is protected by IP Laws.

Other People’s Content
The Services may give you access to Content that belongs to others. You can use Content that belongs to others in and as permitted by the Services, these Terms and any Other Terms, but these Terms do not grant you the right to use it in any other way without the applicable rights’ holder’s permission.

04_ISSUES, CLAIMS, RISKS, AND DISPUTES

Warranty Disclaimer
We work continuously to improve the Services and meet your needs. However, for legal reasons, we offer the Services without warranties unless specifically stated in Other Terms. The law says we need to explain this with specific language in capital letters. Here is that explanation:

WE PROVIDE THE SERVICES AS IS AND AS AVAILABLE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT THE SERVICES (OR ANY CONTENT OR FEATURES THEREOF), INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Assumptions of Risk
You understand that certain portions of the Services are made possible by third parties. You agree that Company Parties do not control any third parties and won’t be responsible for any losses or harm that they cause either directly or indirectly.

Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES NOR ANY OTHER LICENSED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

What Happens if You Break Our Rules
Before we take any action described below, we may try to give you notice unless doing so would cause someone else harm, compromise the Services, or violate any Law. If you violate the Law, these Terms or any Other Terms and we do not take action right away, that doesn’t mean we give up any rights that we may have. We may take appropriate action in the future.

If Your Content violate these terms, any Other Terms or Law, or the rights of another person, we may remove Your Content.

Termination
We have the right to terminate your access. We may terminate your access to the Services if you violate these Terms, Other Terms, Law or Platform Terms, or the rights of another person, or for any other reason in our sole discretion. If this happens, any license granted to you in connection with the Services are terminated immediately, and you won’t be entitled to any refunds.

Indemnification
If someone sues Company or any other Licensed Party, you may have to pay for their defense and legal fees. You agree to defend, indemnify and hold Company Parties and all other Licensed Parties and any of their respective officers, directors, shareholders, employees, or independent contractors harmless from and against any claims asserted against any of them arising out of or relating to your use or actual or alleged misuse of the Services, violation of these Terms or any Other Terms, Your Content, or your negligence or misconduct. This applies to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. You shall cooperate as fully as reasonably required in the defense of any such claim. Any Company Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Resolving Disputes; Agreement To Arbitrate; Class Action and Jury Waiver
Last Updated: 2/27/25
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

Mandatory Individual Arbitration
Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth in subsection 2 below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Company Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade

Last updated : February 10, 2026