Activated Marketing

Effective Date: 11-19-2025

Last Updated: 11-19-2025

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website, products, services, and communications offered by Activated Marketing (“we,” “our,” or “us”), including but not limited to our website located at https://go.activatedmarketing.com/, our online forms and landing pages, our email, telephone, and text messaging programs, and any related services (collectively, the “Services”).

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the “Last Updated” date above. Your continued use of our Services after any changes constitutes your acceptance of the updated Terms.

2. Eligibility

Our Services are intended for users who are at least 18 years of age. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Our Services are not directed to children under the age of 13, and we do not knowingly collect information from or provide Services to children under 13. Certain messaging content may be subject to additional age-gating requirements as required by applicable law or carrier policies.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services in any manner that could damage, disable, overburden, or impair our website or interfere with any other party’s use of our Services.

When using our Services, you agree to provide accurate, current, and complete information when requested, including when submitting forms, creating accounts, or communicating with us. You are responsible for maintaining the accuracy of the information you provide.

You may not use our Services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. You may not attempt to gain unauthorized access to any portion of our Services, other accounts, computer systems, or networks connected to our Services. Activated Marketing reserves the right to refuse service, terminate accounts, or restrict access to our Services at our sole discretion.

4. Products and Services

We make reasonable efforts to describe and display our products and services accurately on our website. However, we do not warrant that product descriptions, pricing, availability, or other content on our website is accurate, complete, reliable, current, or error-free. If a product or service offered by Activated Marketing is not as described, your sole remedy is to discontinue use of that product or service.

We reserve the right to modify, discontinue, or limit the availability of any product, service, or feature at any time without prior notice. Prices for products and services are subject to change without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any product, service, or feature.

5. Orders, Payment, and Refunds

If you purchase products or services through our website or other channels, you agree to provide accurate and complete payment information. You authorize Activated Marketing to charge the payment method you provide for all amounts due. All payments are due at the time of purchase unless otherwise agreed in writing.

We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. If your order is canceled after payment has been processed, we will issue a refund to your original payment method. 

6. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, photographs, software, and the compilation thereof, is the property of Activated Marketing or its content suppliers and is protected by United States and international 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 material from our website without our prior written consent, except as incidental to normal web browsing or as expressly permitted by these Terms.

7. User Content and Submissions

Any information, feedback, ideas, suggestions, reviews, or other content you submit to us through our website, forms, email, or other channels (“User Content”) becomes the property of Activated Marketing upon submission. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and distribute such content for any lawful business purpose.

You represent and warrant that any User Content you submit does not violate any third party’s rights, including copyright, trademark, privacy, or other personal or proprietary rights, and does not contain any unlawful, defamatory, or otherwise objectionable material.

8. Text Messaging Program

Activated Marketing offers a text messaging program through which we may send you SMS and MMS messages related to our products and services. This section governs your participation in our text messaging program.

8.1 Program Description

Our text messaging program may include messages relating to transactional notifications, appointment reminders, service alerts, account updates, customer support communications, order confirmations, delivery notifications, and promotional or marketing messages where you have separately consented to receive them. Messages are sent by Activated Marketing from (855) 436-4870 to customers and individuals who have opted in to our messaging program. Our messaging content will not contain any deceptive, misleading, or fraudulent language, and will clearly identify Activated Marketing as the sender.

8.2 Consent and Opt-In

By providing your mobile phone number and consenting to receive text messages from us, you expressly agree to receive recurring automated SMS and MMS messages at the mobile number you provided. You may provide consent by completing a web form with an opt-in checkbox, texting an opt-in keyword to a published number, providing verbal consent during a telephone call or in-person interaction, signing up at a point-of-sale or other on-site location, opting in over the phone using interactive voice response (IVR) technology, or any other method that includes a clear disclosure of the messaging program. Your consent to receive text messages is not a condition of purchasing any goods or services from us.

Your opt-in consent applies only to the specific messaging campaign and sender for which it was obtained. Your consent is not transferable or assignable. We do not use opt-in lists that have been rented, sold, or shared by any third party; we create and maintain our own opt-in lists directly.

8.3 Opt-In Confirmation for Recurring Messages

After you opt in, we will send you an opt-in confirmation message before any additional messages are sent. The confirmation message will include the program name (Activated Marketing Messaging), customer care contact information, instructions on how to opt out, a disclosure that the messages are recurring and the expected frequency of messaging, and notice that message and data rates may apply.

8.4 Message Frequency

Message frequency varies based on your interactions with us and the type of messages to which you have consented. Recurring messages may be sent. 

8.5 Message and Data Rates

Message and data rates may apply. Standard message and data rates from your wireless carrier apply to any SMS or MMS messages you send to or receive from us. Contact your wireless carrier for details about your messaging plan and any applicable charges. We are not responsible for any fees charged by your carrier.

8.6 How to Opt Out

You may opt out of receiving text messages from us at any time by replying STOP to any message you receive from us. You may also reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out. We also honor opt-out requests made in normal language, such as “stop,” “please opt me out,” or similar requests. The validity of your opt-out will not be affected by capitalization, punctuation, or any letter-case variations.

After you send an opt-out request, we will send you a single confirmation message to confirm that you have been unsubscribed. No further messages will be sent following the confirmation message unless you re-subscribe.

8.7 How to Get Help

For assistance with our messaging program, reply HELP to any message you receive from us, or contact us using the information in Section 17 of these Terms.

8.8 Carrier Liability

Carriers are not liable for any delayed or undelivered messages. Message delivery is subject to your carrier’s network conditions, coverage area, and device compatibility. We make reasonable efforts to deliver messages in a timely manner but do not guarantee delivery, timeliness, or accuracy of any message.

8.9 Privacy and Mobile Information

Your mobile phone number, text messaging originator opt-in data and consent, and any information collected through our text messaging program will not be sold, rented, or shared with any third parties, affiliates, or lead generators for marketing or promotional purposes at any time. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. For complete details on how we collect, use, and protect your personal information, please see our Privacy Policy at https://go.activatedmarketing.com/privacy-policy.

8.10 Consent Records and List Maintenance

We retain records of all opt-in and opt-out requests, including timestamps, consent acquisition method, the language used to secure consent, the specific campaign, and the phone number for which consent was granted. We process telephone deactivation files on a regular basis and remove deactivated telephone numbers from our opt-in lists to prevent messages from being sent to numbers that no longer belong to the individual who provided consent.

8.11 Embedded Links in Messages

Any links to websites included in our text messages will clearly identify Activated Marketing and will not conceal or obscure our identity. Where a URL shortener is used, we use a shortener with a web address dedicated to our exclusive use. Websites to which our links direct will include our contact information and clearly identify us as the website owner.

9. Email Communications

If you provide your email address to us, you may receive transactional emails related to your account, orders, or inquiries, as well as marketing or promotional emails where you have consented to receive them. You may opt out of marketing emails at any time by clicking the “unsubscribe” link in any marketing email. Opting out of marketing emails will not affect transactional emails related to your account or active orders.

10. Telephone Communications

If you provide your telephone number, we may contact you by voice call regarding your inquiries, transactions, or account activity. Certain calls may be recorded or monitored for quality assurance, training, or compliance purposes. Where required by law, we will inform you at the beginning of a call if it may be recorded.

11. Content Standards

Activated Marketing is committed to preventing unlawful, deceptive, fraudulent, or otherwise harmful content in all of our communications, including text messages, emails, and website content. We take affirmative steps to monitor and prevent content that is unlawful, harmful, abusive, malicious, misleading, harassing, excessively violent, obscene, or defamatory, that deceives or intends to deceive (including phishing), that invades privacy or causes safety concerns, that incites harm, discrimination, or violence, that includes malware or other harmful code, or that threatens consumers. Our marketing content complies with the Federal Trade Commission’s Truth-In-Advertising rules.

12. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Activated Marketing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Accessing third-party links is at your own risk, and we encourage you to review the terms and privacy policies of any third-party sites you visit.

13. Disclaimers

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Activated Marketing DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not make any representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content available through our Services. Your use of our Services is at your sole risk.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Activated Marketing, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO Activated Marketing IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Activated Marketing, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our Services, your violation of these Terms, your violation of any applicable law, or your violation of any rights of a third party.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of MO, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or our Services shall be resolved exclusively in the state or federal courts located in St Louis County, MO, and you consent to the personal jurisdiction of such courts.

Before initiating any formal dispute resolution proceeding, you agree to first contact us at the address provided in Section 17 and attempt to resolve the dispute informally for a period of at least thirty (30) days. 

17. General Provisions

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Entire Agreement. These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Activated Marketing regarding your use of our Services and supersede all prior or contemporaneous agreements, representations, or understandings.

Assignment. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Activated Marketing

174 Clarkson Rad Ste 150

Ballwin, MO, 63011

Email: [email protected]

Phone: (855) 436-4870