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№ LEG Legal Terms of Service

Terms of
Service.

Effective September 21, 2026 · Last updated September 21, 2026

Agreement and Acceptance

These Website Terms of Service (the “Terms”) govern access to and use of the website, storefront, ordering tools, account areas, integrations, hosted software, digital services, and related content made available through the applicable website or service environment (collectively, the “Platform”).

The Platform and related services are provided by or through Starfish Ad Age LLC, doing business as Starfish Ad Age, together with its affiliates, contractors, licensors, service providers, and approved fulfillment or technology partners. Starfish Ad Age LLC may be referred to as “Starfish,” “we,” “us,” or “our.”

By selecting an acceptance checkbox, clicking an acceptance button, creating an account, submitting an order, accessing a protected area, or otherwise using the Platform, you confirm that:

  1. you have read and agree to these Terms;
  2. you are at least eighteen years old or the age of legal majority where you live;
  3. you have authority to accept these Terms for yourself and, if applicable, for the organization or business you represent; and
  4. the information you provide is accurate and complete.

If you do not agree to these Terms, do not access the Platform, create an account, or submit an order.

These Terms are intended to operate as a binding electronic agreement. An electronic acceptance has the same force and effect as a handwritten signature to the fullest extent permitted by law.

Services and Platform Features

Depending on the applicable Order Document, Starfish may provide some or all of the following:

  • website design, development, configuration, hosting, maintenance, and support;
  • ecommerce storefront functionality and product catalog presentation;
  • user login accounts, roles, access controls, and administrative tools;
  • purchase order, order number, or internal tracking functionality;
  • guest order lookup or limited order-status tools;
  • integrations with third-party catalog, accounting, payment, shipping, analytics, marketing, automation, or communications platforms;
  • branding, creative, content, digital marketing, social media, email, text messaging, analytics, chatbot, and related services; and
  • implementation, consulting, training, and technical or operational support.

The exact services, deliverables, timing, service levels, included revisions, fees, and assumptions are limited to the applicable Order Document. A feature described on the Platform or in a discussion is not a promise that the feature is included in every engagement. Starfish also offers recurring website and marketing plans; the plans, their prices, and what each one includes are set out in the Payments, Invoices, Subscriptions, and Refunds section below.

Starfish may adjust, optimize, replace, or discontinue a feature, workflow, integration, vendor connection, or method when reasonably necessary to maintain the Platform, improve performance, address security or legal concerns, respond to third-party changes, or provide the contracted services. Starfish will use reasonable efforts to avoid materially reducing a paid service during an active term, subject to the limitations and third-party dependencies described in these Terms.

Accounts, Credentials, and Authorized Users

Some Platform functions require an account. You are responsible for providing accurate registration information, maintaining the confidentiality of usernames, passwords, access codes, and other credentials, and all activity that occurs through your account or credentials.

You must:

  • use the Platform only for lawful business purposes and only as authorized;
  • provide each authorized user with an individual login where individual logins are available;
  • not share credentials, impersonate another person, or permit unauthorized access;
  • promptly remove users who no longer have permission to access the Platform;
  • promptly notify Starfish of suspected unauthorized access, lost credentials, or security incidents; and
  • ensure that your users follow these Terms and any applicable client or organizational policies.

You are responsible for the acts and omissions of your authorized users. Starfish may suspend, restrict, or disable an account or user access if Starfish reasonably believes that access creates a security risk, violates these Terms, exposes Starfish or another person to liability, or is being used for unauthorized activity.

Purchase Orders, Order Tracking, and Administrative Controls

Where the Platform supports purchase orders or internal order tracking, the Platform is a workflow and recordkeeping tool. It does not independently verify that a purchase order is valid, authorized, funded, compliant with an organization’s internal policy, or properly allocated unless an Order Document expressly states otherwise.

The client and its authorized users are responsible for:

  • establishing and maintaining its own approval rules;
  • assigning authorized users and appropriate spending limits;
  • entering accurate purchase order numbers, department information, location codes, user identifiers, and other order data;
  • preventing unauthorized use of purchase order information;
  • reviewing order confirmations and correcting errors promptly; and
  • reconciling Platform records with the client’s accounting, procurement, and internal systems.

If a purchase order number, location code, employee identifier, or other tracking field is supplied by the client, the client is responsible for its format, accuracy, confidentiality, and internal meaning. Starfish is not responsible for a client’s failure to provide complete or consistent information.

Guest order lookup, if available, may expose limited order information to anyone who supplies the required lookup information. The client must not use guest lookup functionality to expose confidential information and must notify Starfish if the client believes an order identifier has been disclosed improperly.

Products, Catalog Information, Pricing, Taxes, and Shipping

The Platform may display products, apparel, promotional items, decals, printed materials, accessories, or other physical goods supplied by a client-selected vendor or fulfillment partner. Product descriptions, images, sizes, colors, availability, specifications, pricing, tax calculations, shipping estimates, and other information may be supplied or updated by the client, vendor, manufacturer, payment provider, tax service, shipping carrier, or another third party.

Starfish does not guarantee that catalog information will always be current, complete, error-free, or available. Starfish may correct typographical, pricing, tax, inventory, shipping, or configuration errors and may cancel or request confirmation for an affected order. If an order is cancelled because of an error, the applicable refund or credit, if any, will be handled according to the applicable Order Document and the payment or fulfillment provider’s rules.

Unless an Order Document states otherwise:

  • displayed prices may exclude applicable taxes, shipping, handling, rush charges, or other transaction costs;
  • the client or purchaser is responsible for applicable taxes and shipping charges;
  • product availability and delivery timing are not guaranteed;
  • color, size, material, decoration, embroidery, printing, and other product characteristics may vary from images or descriptions;
  • custom, decorated, personalized, made-to-order, or specially sourced items may be non-returnable or non-refundable; and
  • all product returns, exchanges, defects, shortages, damage claims, and delivery issues are subject to the applicable vendor’s and carrier’s procedures.

Starfish does not manufacture, warehouse, inspect, package, ship, or deliver physical products unless an Order Document expressly states otherwise. Inventory management, fulfillment, logistics, carrier performance, delivery, and product quality remain the responsibility of the applicable vendor, manufacturer, carrier, client, or purchaser.

Payments, Invoices, Subscriptions, and Refunds

You agree to pay all fees, charges, taxes, shipping costs, third-party costs, and other amounts stated in the applicable Order Document or invoice. Unless different written terms apply, invoices are payable upon receipt and payment is required before Starfish begins a paid phase, releases deliverables, activates a service, or commits to third-party costs.

Fees are based on the scope, assumptions, and timing stated in the applicable Order Document. Requests that expand or change an approved scope, require additional revisions, result from client delay, or require work outside the included allocation may be billed at the rate stated in the Order Document or, if no rate is stated, at Starfish’s then-current approved hourly rate after notice to the client.

The client authorizes Starfish and its payment providers to charge the payment method designated by the client for approved charges. The client must maintain a valid payment method and promptly update expired, declined, or invalid payment information.

Unless the applicable Order Document states otherwise, payments for completed services, executed work, third-party purchases, custom products, setup, implementation, subscriptions already started, and committed costs are non-refundable. A refund, credit, or adjustment is available only when expressly required by the applicable Order Document or applicable law.

For overdue amounts, Starfish may charge the lesser of 1.5 percent per month or the maximum amount permitted by law, together with reasonable collection costs. Starfish may suspend services, accounts, hosting, access, deliverables, integrations, or Platform functionality while amounts remain overdue. Suspension does not eliminate the client’s payment obligations.

If Starfish purchases a third-party service or product for a client, the client is responsible for those costs after approval or authorization. Starfish’s obligation to pay a third-party provider is limited to amounts actually received and cleared from the client for that purchase, unless Starfish expressly agrees otherwise in writing.

Monthly Subscription Plans

Starfish offers the following recurring website and marketing plans. The plans, prices, and inclusions listed below are those in effect on the effective date of these Terms and may change prospectively under the Changes to These Terms section. Annual billing may be available for these plans at the rate shown at checkout or stated in the applicable Order Document.

Website Essentials — $97 per month

A custom, mobile-first website built to start fast.

  • Custom design tailored to your brand
  • Mobile and tablet responsive
  • Up to 5 pages
  • Contact or lead capture form
  • Lifetime code warranty
  • Hosting included
  • $500 build fee, one-time

Website Package — $197 per month

Everything in Website Essentials plus local SEO and lead generation tools.

  • Everything in Website Essentials
  • Basic SEO setup
  • Advanced lead capture forms
  • Blog setup
  • Analytics and reporting dashboard
  • Hosting included

Monthly Growth Retainer — $397 per month

Ongoing marketing, maintenance, and strategy so your site keeps working.

  • Everything in Website Package
  • Customer Relationship Management (CRM)
  • Social media integration
  • Custom AI follow-up
  • SMS and missed call automation
  • On-page AI chat bot
  • Hosting included
  • Support

Subscription Billing, Renewal, and Cancellation

  • Plans are billed in advance on a recurring basis and renew automatically for successive periods until cancelled.
  • The one-time build fee for Website Essentials is due before build work begins and is non-refundable once work has started.
  • Hosting, CRM, chat bot, automation, reporting, and support inclusions are provided only while the subscription is active and paid current. They end on cancellation or non-payment.
  • Cancellation takes effect at the end of the current paid period. Fees already paid for that period are not prorated or refunded.
  • Inclusions stated as a limit, such as “up to 5 pages” or “basic SEO setup,” define the scope of the plan. Work beyond that scope is a change order billed as described above in this section.
  • The lifetime code warranty covers defects in code written by Starfish for the client’s site, for as long as the subscription is active and the site remains hosted and maintained by Starfish. It does not apply to client modifications, third-party code, plugins, or platform changes, and it does not expand the warranties disclaimed in the Disclaimers and No Performance Guarantee section.
  • Plan names, inclusions, and prices may change prospectively. A change does not alter a signed Order Document.
  • If an Order Document conflicts with a plan description above, the order of precedence in the Related Agreements and Order-Specific Terms section controls.

Usage-Based Charges for Phone, Email, and AI Features

Starfish works with third-party network and technology providers to offer phone, email, automation, and AI functionality directly within your account. Where an account includes these features, usage-based charges apply in addition to the plan and service fees described above. These charges are passed through to the client and are billed based on actual usage.

Phone and Messaging Rates

  • Making calls — $0.032 per minute
  • Receiving calls — $0.019 per minute
  • Text messages — $0.018 per SMS segment

Carrier Fees

For every SMS sent there is a corresponding carrier fee passed through from the carrier. The cost is determined on a carrier-by-carrier basis, so a message sent to a recipient on one carrier may cost a different amount than the same message sent to a recipient on another. The carrier fees you can generally expect per SMS are:

  • AT&T — $0.003 per SMS segment sent
  • Verizon — $0.003 per SMS segment sent
  • T-Mobile — $0.005 per SMS segment sent and received
  • US Cellular — $0.005 per SMS segment sent
  • All other carriers — $0.0035 per SMS sent

Transaction history and miscellaneous micro-charges from phone carriers can be reviewed in the account under Company Billing › See Transactions › Other Charges.

Campaign Registration and A2P 10DLC

Wireless carriers have implemented requirements for business text messaging in the United States through A2P 10DLC (Application-to-Person 10-Digit Long Code) registration. This industry-wide change means that all businesses must register their messaging services in order to continue sending texts through local phone numbers. As of August 31, 2023, registration with The Campaign Registry (TCR) is required in order to send SMS messages through a local number.

What this means for the client:

  • Unregistered business messages may be blocked by carriers.
  • Registration improves message delivery reliability.
  • Registration fees are determined by the client’s specific use case and sender history, and additional campaign registration charges apply based on registration type.

The registration approval process typically takes about one week. Because that timeline is controlled by the carriers, Starfish cannot expedite a request. Starfish recommends completing registration as soon as possible to avoid interruption to messaging service. A breakdown for a specific account is available under Settings › Phone Number › Trust Center, and Starfish support can assist if difficulties arise during registration.

Email Rates

  • Email — $0.0016 per email
  • Email verification — $0.0057 per verification (approximately 1,755 verifications for $10)

Automation and AI Rates

  • Premium workflows and triggers — $0.023 per premium action
  • Content AI — $0.207 per 1,000 words and $0.138 per image
  • Workflow AI — $0.0345 to $0.069 per workflow AI action, depending on the GPT model selected
  • Conversation AI — $0.02 per message

Rate Changes and Currency

  • Phone, messaging, carrier, email, automation, and AI rates are set by third-party network, carrier, and technology providers and may change at any time. The rates listed above are those in effect on the effective date of these Terms.
  • All amounts listed above are in United States dollars.
  • Messaging and calling to countries other than the United States or Canada may be charged at different international rates.
  • The client is responsible for maintaining a valid payment method for usage charges and for compliance with carrier, TCR, and applicable messaging regulations, including consent and opt-out requirements.

Client Responsibilities and Approvals

The client must provide timely, accurate, complete, and lawful information, materials, access, approvals, decisions, product data, brand assets, credentials, business rules, legal notices, and other cooperation reasonably required to perform the services.

The client is responsible for reviewing and approving deliverables, product information, marketing claims, prices, tax settings, shipping settings, order workflows, user permissions, integrations, and published content before use. If the client does not respond within the review period stated in the applicable Order Document, the deliverable may be treated as approved for purposes of moving the project forward.

Client delays may extend timelines and may result in additional fees. Starfish is not responsible for a delay, error, claim, or loss caused by:

  • inaccurate, incomplete, late, or conflicting client information;
  • client-supplied content, product data, logos, photographs, code, credentials, or instructions;
  • client or user approval of a deliverable or configuration;
  • a client change made after approval;
  • a third-party provider, vendor, integration, carrier, payment processor, hosting provider, platform, or API;
  • the client’s failure to maintain required accounts, subscriptions, permissions, or payment methods; or
  • the client’s failure to comply with applicable law or its own internal policies.

Client Content, Product Claims, and Compliance

The client retains ownership of materials it provides to Starfish, including trademarks, logos, product data, photographs, written content, customer information, pricing, purchase order information, and other client content (collectively, “Client Content”).

The client grants Starfish and its service providers a non-exclusive, worldwide, royalty-free license during the applicable service term to host, copy, store, adapt, display, transmit, and otherwise use Client Content as reasonably necessary to provide, maintain, support, secure, test, and improve the contracted services.

The client represents and warrants that it has all rights, permissions, consents, releases, and lawful bases necessary for Starfish to use Client Content and client-provided data as contemplated by these Terms and the applicable Order Document. The client is solely responsible for the accuracy, legality, substantiation, and required disclosures for claims about its business, products, services, pricing, safety, performance, employment, customers, or operations.

The client must not provide or use the Platform to transmit unlawful, infringing, deceptive, defamatory, abusive, discriminatory, malicious, or unauthorized material; material that violates privacy, publicity, advertising, consumer protection, export, sanctions, intellectual property, or other applicable laws; or material that creates an unreasonable security, operational, or reputational risk.

Starfish may refuse, remove, limit, or disable Client Content or a workflow that Starfish reasonably believes violates these Terms, applicable law, a third-party requirement, or Starfish policy.

Intellectual Property and Ownership of Deliverables

Starfish and its licensors retain all rights in and to the Platform, Starfish’s names and marks, templates, systems, software, code libraries, frameworks, reusable modules, processes, methods, know-how, documentation, workflows, designs, tools, prompts, automation logic, and other pre-existing or independently developed materials (collectively, “Starfish Materials”).

Unless an Order Document expressly states otherwise, no Starfish Materials are assigned to the client. To the extent Starfish Materials are incorporated into a paid deliverable, Starfish grants the client a limited, non-exclusive, non-transferable, non-sublicensable license to use those Starfish Materials only as part of the delivered service or website for the client’s internal business purposes. The client may not extract, resell, sublicense, distribute, copy, or reuse Starfish Materials in another project without Starfish’s written permission.

Subject to full payment of all amounts due and any applicable third-party restrictions, Starfish assigns to the client the rights in final custom deliverables specifically created for the client and identified as transferable in the applicable Order Document. Until full payment, all deliverables remain Starfish property and may be withheld, disabled, or reclaimed to the extent permitted by law.

No ownership transfer includes third-party software, open-source materials, stock assets, fonts, platform components, vendor content, licensed media, domain registrations, hosting accounts, payment accounts, advertising accounts, or other materials that cannot lawfully be assigned. Those materials remain subject to their own license or provider terms.

The client grants Starfish permission to identify the client as a customer and display non-confidential portions of completed work in proposals, portfolios, case studies, and marketing materials unless the applicable Order Document states that the engagement is confidential or the client gives written notice before publication.

Privacy, Data, and Security

The Platform may process account information, contact information, order details, purchase order information, user identifiers, business data, and other information submitted by or on behalf of the client. The client must provide all notices and obtain all consents required for its collection and use of personal information and for Starfish’s processing of that information to provide the services.

Starfish will use commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the services. No website, hosting environment, integration, transmission, storage system, or internet connection is guaranteed to be completely secure or uninterrupted.

The client must not submit payment card data, sensitive authentication data, government identification numbers, health information, or other highly sensitive information unless the applicable service is expressly designed and approved for that information. Payment card information should be entered only through the designated payment provider’s approved interface.

The client remains responsible for its own privacy policy, cookie disclosures, consent mechanisms, retention practices, user access decisions, data accuracy, and legal compliance. If a separate data processing addendum or privacy agreement is required, the parties must execute it before the affected processing begins.

Third-Party Services and Integrations

The Platform may depend on third-party hosting, domains, software, plugins, catalog feeds, accounting systems, payment processors, shipping carriers, analytics tools, communication providers, advertising platforms, APIs, and other services. These third-party services are not controlled by Starfish and may change, fail, impose their own terms, or become unavailable.

The client authorizes Starfish to connect and use approved third-party services as reasonably necessary to provide the contracted services. The client is responsible for maintaining required third-party accounts, granting appropriate access, accepting provider terms, paying provider charges, and reviewing third-party privacy and security practices.

Starfish does not guarantee third-party availability, pricing, inventory, delivery, approvals, account status, data accuracy, API behavior, policy compliance, or continued compatibility. A third-party provider’s action or failure does not excuse undisputed client payment obligations for work performed or costs incurred.

Disclaimers and No Performance Guarantee

To the fullest extent permitted by law, the Platform and services are provided on an “as available” and “as is” basis. Starfish disclaims all warranties not expressly stated in an applicable Order Document, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, availability, accuracy, security, and results.

Starfish does not promise or guarantee that:

  • the Platform or any service will be uninterrupted, error-free, secure, or compatible with every device or browser;
  • a website, campaign, automation, integration, product catalog, order, or deliverable will produce a particular revenue, ranking, lead volume, conversion rate, business result, or return on investment;
  • products will be available, delivered by a specific date, or free from manufacturing or shipping defects;
  • a payment, accounting, purchase order, tax, inventory, or shipping integration will prevent every discrepancy; or
  • the client’s use of the Platform will satisfy every legal, regulatory, procurement, privacy, accessibility, advertising, or industry requirement.

The client is responsible for obtaining independent professional advice when required, including legal, tax, accounting, employment, privacy, accessibility, product safety, and regulatory advice.

Suspension and Termination

Starfish may suspend or restrict access immediately when reasonably necessary to address non-payment, security concerns, unlawful activity, misuse, a third-party requirement, a material breach, or a risk to Starfish, a client, a user, or another person.

Unless a different termination right is stated in an applicable Order Document, either party may terminate an ongoing service arrangement on thirty days’ written notice. Starfish may terminate immediately for material breach that is not reasonably cured after notice, non-payment, fraud, unlawful use, repeated misuse, or a security or legal risk that cannot reasonably be cured.

Termination does not cancel amounts already earned, work already performed, third-party costs already committed, subscription charges already incurred, or payment-plan balances that are due under the applicable Order Document. Unless required by law or expressly stated otherwise, prepaid amounts for completed or committed services are non-refundable.

After termination, Starfish may disable access to hosted services and third-party accounts controlled by Starfish after any applicable transition period. Upon full payment and subject to third-party restrictions, Starfish will provide transferable final deliverables identified in the applicable Order Document. Client Content may be deleted or archived according to Starfish’s retention practices after a reasonable period, unless a longer period is required by law or agreed in writing.

Sections concerning payment, ownership, licenses, confidentiality, data, indemnification, disclaimers, liability limits, dispute resolution, and other provisions that by their nature should survive will survive termination.

Indemnification

The client will defend, indemnify, and hold harmless Starfish, its affiliates, officers, employees, contractors, licensors, and service providers from claims, damages, liabilities, losses, judgments, costs, and reasonable attorneys’ fees arising out of or related to:

  • Client Content or materials supplied by or on behalf of the client;
  • the client’s products, services, business operations, marketing claims, or customer relationships;
  • the client’s or an authorized user’s breach of these Terms or an Order Document;
  • the client’s violation of law, third-party rights, privacy obligations, or platform rules;
  • unauthorized use of an account, credential, purchase order, or client-controlled system; or
  • a material alteration of a deliverable or configuration by the client or another person not authorized by Starfish.

Starfish will promptly notify the client of a covered claim and may participate in the defense with counsel of its choice. The client may not settle a claim in a way that admits fault by Starfish, imposes an obligation on Starfish, or restricts Starfish’s rights without Starfish’s prior written consent.

To the extent expressly required by an applicable signed Order Document, Starfish will address third-party claims that a final custom deliverable created solely by Starfish and delivered under that Order Document infringes a United States copyright, trademark, or patent, except to the extent the claim arises from Client Content, client instructions, third-party materials, an unauthorized modification, a combination with items not supplied by Starfish, or use outside the permitted scope. Starfish may procure a right to continue using the deliverable, modify or replace it, or terminate the affected portion and refund the fees paid for that affected portion. This paragraph does not apply unless the applicable Order Document expressly includes it.

Limitation of Liability

To the fullest extent permitted by law, Starfish will not be liable for indirect, incidental, special, exemplary, punitive, enhanced, or consequential damages, or for lost revenue, lost profits, lost savings, lost goodwill, business interruption, loss of data, loss of business opportunity, or replacement-service costs, even if Starfish was advised that such damages were possible.

To the fullest extent permitted by law, Starfish’s total aggregate liability arising out of or related to the Platform, services, these Terms, or an Order Document will not exceed the amount actually paid to Starfish for the affected service during the three months immediately preceding the event giving rise to the claim. For a one-time project, the cap will not exceed the fees actually paid for the affected project.

The limitations in this section do not limit liability that cannot legally be limited, or a party’s liability for its own fraud, willful misconduct, or intentional misuse of the other party’s confidential information. The parties acknowledge that these limitations are a material part of the commercial bargain and that pricing reflects the allocation of risk.

Force Majeure

Starfish will not be liable for delay, interruption, degradation, or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, utility failure, internet or telecommunications failure, hosting or platform outage, cyberattack, government action, legal restriction, supply-chain disruption, vendor failure, or a third-party service interruption.

Starfish will use reasonable efforts to resume performance when practicable. Payment obligations for services already performed and costs already incurred are not excused by a force majeure event.

Confidentiality

Each party may receive non-public business, technical, financial, customer, product, operational, or security information from the other party (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and will use it only as necessary to perform or receive the services.

Confidential Information does not include information that the receiving party can demonstrate was publicly available without breach, already lawfully known without restriction, independently developed without use of the information, or lawfully received from another source without a duty of confidentiality. A party may disclose Confidential Information when required by law, provided it gives notice where legally permitted.

The confidentiality obligations survive termination for three years, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

Notices and Electronic Communications

Legal notices must be sent to the notice address or email identified in the applicable Order Document or the parties’ most recent written business records. Notices by email are effective when the sender receives a delivery confirmation or other reasonable evidence of transmission, unless the sender receives an error notice.

The client consents to receive invoices, service notices, security notices, account notices, approvals, and other business communications electronically. The client is responsible for maintaining current contact information and monitoring the email address associated with the account.

Governing Law and Dispute Resolution

These Terms and the applicable services are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Gregg County, Texas, for disputes that are not resolved through good-faith business discussion.

Before filing a legal action, the party asserting a dispute will provide written notice describing the issue and the requested resolution. The parties will attempt in good faith to resolve the dispute for at least thirty days after notice. If the dispute is not resolved through discussion, the parties will submit it to mediation before a neutral mediator in Longview, Texas, with the costs of mediation shared equally. If mediation does not resolve the dispute within sixty days, either party may proceed in the courts identified above. This process does not apply where immediate injunctive relief is reasonably necessary to protect confidential information, intellectual property, security, or account access.

The prevailing party in an action to enforce these Terms may recover reasonable attorneys’ fees and costs to the extent permitted by law and awarded by the court.

Assignment and Independent Contractors

The client may not assign these Terms, an Order Document, or its rights or obligations without Starfish’s prior written consent. Starfish may assign these Terms to an affiliate, successor, purchaser of substantially all relevant assets, or entity involved in a merger or reorganization, provided the assignment does not materially reduce the client’s rights under an active paid service.

The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary relationship, employment relationship, franchise, or agency relationship. Neither party may bind the other except as expressly authorized in writing.

Starfish may use employees, affiliates, contractors, and service providers to perform the services and may substitute qualified personnel when reasonably necessary.

Changes to These Terms

Starfish may update these Terms prospectively by posting a revised version on the Platform or providing notice through the account or email associated with the client. The revised Terms will identify their effective date. Changes will not retroactively modify a signed Order Document unless the parties agree in writing. Continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms for future use.

General Provisions

These Terms, together with applicable Order Documents and incorporated policies, are the entire agreement concerning the Platform and supersede prior website terms concerning the same subject. A waiver is effective only if written and applies only to the specific instance stated. Failure to enforce a provision is not a waiver.

If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. Headings are for convenience and do not limit interpretation. These Terms may be accepted electronically and may be maintained in electronic records.

Contact

For questions about these Terms, contact:

Starfish Ad Age LLC
140 E Tyler St, Suite 200
Longview, TX 75601
Email: communications@starfishadage.com
Phone: (903) 508-2576