Terms & Conditions

Last updated: May 8, 2026

These Terms & Conditions ("Terms") govern your access to and use of the website at everpointemedia.com (the "Site") and any services provided by Everpointe Media ("Everpointe Media," "we," "us," or "our"). By accessing the Site, submitting a form, or using our services, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the Site or our services.

2. Services Overview

Everpointe Media provides lead-generation services for service-based businesses, including market research, website development, search engine optimization, paid advertising, and lead delivery. Specific deliverables, pricing, and term lengths are governed by separate written agreements between you and Everpointe Media.

3. SMS Program Terms

If you opt in to receive text messages from Everpointe Media, the following terms apply in addition to those described in our Privacy Policy:

• Program description: the Everpointe Media SMS program delivers appointment confirmations, reminders, follow-ups regarding inquiries you submit, and (for active clients) exclusive lead delivery notifications including caller details and service requested.
• Sender: messages are sent by or on behalf of Everpointe Media, generally from +1 (833) 521-3435 or another number we control.
• Frequency: appointment-related messages are typically 1–2 per inquiry. Lead delivery messages for active clients typically range from 10 to 50 per month.
• Opt-in: You opt in by checking the SMS consent box on our contact form and submitting your mobile number.
• Opt-out: reply STOP to any message at any time to unsubscribe. You will receive a confirmation message and no further texts will be sent.
• Help: reply HELP, email michael@everpointemedia.com, or call (303) 241-5512.
• Carrier disclaimer: message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, and most other major U.S. carriers.
• No purchase required: consent to receive SMS messages is not a condition of any purchase or service.
• No sharing: Mobile phone numbers and SMS opt-in data are not sold, rented, or shared with third parties or affiliates for marketing purposes.

4. Use of the Site

You agree not to use the Site for any unlawful purpose, to attempt to gain unauthorized access, to interfere with the operation of the Site, or to transmit malicious code, spam, or content that violates the rights of others.

5. Intellectual Property

All content on the Site — including text, graphics, logos, images, software, and underlying code — is owned by or licensed to Everpointe Media and is protected by United States and international intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

6. Lead Generation Engagements

If you engage Everpointe Media for lead generation services, the following baseline terms apply (subject to any signed master services agreement):

• Everpointe Media retains full ownership of all websites, domains, content, ad accounts, and digital assets developed in connection with your campaign unless explicitly transferred in writing.
• Lead exclusivity is provided on a single-market, single-niche basis. We do not represent more than one client per market and niche at the same time.
• You agree not to circumvent our payment terms by communicating directly with leads outside of standard lead-handling practices to avoid attribution.
• Either party may terminate the engagement on 30 days' written notice unless otherwise agreed in writing.

7. Disclaimers

The Site and Services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee any specific lead volume, conversion rate, or business outcome. Search engine rankings, ad platform performance, and lead flow depend on factors outside our control.

8. Limitation of Liability

To the maximum extent permitted by law, Everpointe Media and its officers, members, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of your use of the Site or Services. Our aggregate liability for any claim shall not exceed the amount you paid us in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless Everpointe Media and its affiliates from any claims, damages, or expenses arising out of your violation of these Terms or your misuse of the Site or Services.

10. Governing Law & Disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. Any dispute shall be resolved in the state or federal courts located in Utah County, Utah, and you consent to personal jurisdiction there.

11. Changes to Terms

We may update these Terms from time to time. Continued use of the Site after changes constitutes acceptance of the revised Terms. The "Last updated" date will reflect the most recent revision.

12. Contact

Everpointe Media
761 E 820 N
Provo, UT 84606
Email: michael@everpointemedia.com
Phone: (303) 241-5512