Terms of Service

Welcome to the services provided by Maverick Marketer LLC, doing business as Joshua McSorley ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our websites, platforms, and services, including joshuamcsorley.com, diagnostic.joshuamcsorley.com, and any related tools or deliverables (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Services Overview

We provide marketing systems consulting and implementation services through two brands:

Joshua McSorley (joshuamcsorley.com) is the consultancy. Services include the Marketing Systems Diagnosis (a 14-day diagnostic engagement) and the Marketing Systems Advisor (an ongoing biweekly advisory retainer).

Maverick Marketer (mymaverickmarketer.com) is the build studio. Services include website builds, funnel builds, automation, and CRM implementation, offered as one-time projects or recurring retainers (support and optimization).

The diagnostic portal at diagnostic.joshuamcsorley.com is a platform where clients complete intake forms, receive diagnostic deliverables, manage team access, and process payments. It primarily supports the Marketing Systems Diagnosis but may be used for other engagements as the platform evolves.

2. Accounts

Account creation. To use certain features of the Services, you must create an account. You agree to provide accurate and complete information during registration and to keep your account information current.

Account responsibility. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access.

Team access. You may invite team members from your organization to access the platform. You are responsible for the actions of anyone you invite. Team members you invite will be able to view and contribute to shared intake forms and view shared deliverables, notes, and files for your organization.

Account termination. We may suspend or terminate your account if you violate these Terms. You may request account deletion at any time by contacting us.

3. Services and Deliverables

Marketing Systems Diagnosis

Scope. A professional consulting engagement that includes an intake process, a live diagnostic session, and written deliverables (diagnosis report, phased action plan, and customer journey map). The specific scope is determined during the discovery and intake process and may vary by engagement.

Delivery timeline. The Marketing Systems Diagnosis is typically delivered within 14 days of the diagnostic session. This timeline may vary based on the complexity of the engagement and the availability of required information and access.

Marketing Systems Advisor

Scope. An ongoing advisory engagement with a biweekly rhythm of strategic and operational sessions. Includes a custom metric scorecard and async access between sessions. The specific scope, cadence, and communication channels are agreed upon at the start of the engagement.

Term. The advisory engagement is billed monthly and continues until either party cancels. Cancellation takes effect at the end of the current billing cycle.

Maverick Marketer project work

Scope. One-time implementation projects including website builds, funnel builds, automation setup, and CRM implementation. The specific scope, deliverables, timeline, and pricing are defined in a project proposal or scope of work document agreed upon before work begins.

Maverick Marketer retainer (support and optimization)

Scope. Recurring support and optimization services for existing marketing systems. The specific scope, response times, and included hours are defined at the start of the engagement.

Term. Retainers are billed monthly and continue until either party cancels. Cancellation takes effect at the end of the current billing cycle.

General terms for all services

Professional judgment. Deliverables and recommendations reflect our professional assessment based on the information you provide. We do not guarantee specific business outcomes, revenue increases, or results from implementing our recommendations.

AI-assisted deliverables. Portions of deliverables may be drafted with the assistance of artificial intelligence tools. All AI-generated content is reviewed and edited by Joshua McSorley before delivery. The use of AI does not diminish the professional nature of the deliverables or our responsibility for their quality.

4. Intellectual Property

Your content. You retain ownership of all information, data, and materials you provide through the platform ("Your Content"), including intake form responses, uploaded files, and any other information you submit.

Deliverables. Upon full payment, you own the deliverables we create for you. This includes diagnosis reports, action plans, customer journey maps, website builds, funnel builds, automation configurations, CRM setups, documentation, and any other work product delivered as part of an engagement. You may use, share, and distribute your deliverables within your organization without restriction.

Our methodology. We retain ownership of our consulting methodology, frameworks, question sets, scoring systems, templates, and the underlying platform technology. The deliverables are an application of our methodology to your specific situation, but the methodology itself remains ours. You may not resell, redistribute, or use our methodology to provide competing consulting services.

Platform content. All content on the platform that is not Your Content or your deliverables (including design, interface elements, documentation, and system-generated text) is owned by us and protected by applicable intellectual property laws.

License to use your content. You grant us a limited license to use Your Content solely for the purpose of providing the Services. This includes processing your intake responses, generating deliverables, and storing your data on the platform. We will not use Your Content for any purpose other than delivering services to you without your explicit consent.

5. Payments

Pricing. Services are priced at the rates communicated during the discovery process or as specified in a project proposal. Prices may change for future engagements but will not change for an engagement already agreed upon.

One-time payments. The Marketing Systems Diagnosis and Maverick Marketer project work are billed as one-time payments. Payment is due before work begins unless otherwise agreed upon in writing.

Recurring payments. The Marketing Systems Advisor and Maverick Marketer retainers are billed monthly on a recurring basis. By enrolling in a recurring service, you authorize us to charge your payment method on file at the beginning of each billing cycle until you or we cancel.

Payment processing. Payments are processed through Stripe. By making a payment, you agree to Stripe's terms of service. We do not store your credit card information.

Payment timing. For one-time engagements, payment is due before the engagement begins. For recurring services, payment is due at the start of each billing cycle.

Refund policy. Our refund policy is described in our separate Refund Policy document, available on our website. Refund requests are evaluated on a case-by-case basis. Please refer to the Refund Policy for complete details.

6. Acceptable Use

You agree not to:

• Provide false or misleading information in your account or intake forms
• Share your account credentials with anyone outside your organization
• Use the platform to store or transmit harmful, illegal, or infringing content
• Attempt to access other organizations' data or areas of the platform not intended for you
• Reverse engineer, copy, or replicate the platform's functionality or design
• Use the platform or deliverables to provide competing consulting services
• Interfere with the platform's operation or security

7. Confidentiality

Your information. We treat information you provide through the platform as confidential. We will not share your intake responses, deliverables, or business information with other clients or publicly without your explicit consent.

Exceptions. Confidentiality obligations do not apply to information that is publicly available, independently developed by us, disclosed to us by a third party without restriction, or required to be disclosed by law.

Testimonials and case studies. We may request permission to use your engagement as a case study or testimonial. We will never publish identifying information about your business without your written consent.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Indemnification

You agree to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

10. Dispute Resolution

Governing law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Informal resolution. Before initiating any formal dispute resolution, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Arbitration. Any dispute not resolved informally shall be resolved by binding arbitration administered by JAMS in accordance with its applicable rules. The arbitration shall be conducted in New York. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class action waiver. All disputes shall be resolved on an individual basis. You waive any right to participate in a class action or class-wide arbitration.

Small claims. Notwithstanding the above, either party may bring a claim in small claims court in New York if the claim qualifies.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice on the platform or emailing you at the address associated with your account. Material changes take effect 30 days after notice. Continued use of the Services after changes take effect constitutes acceptance.

12. General

Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company regarding the Services.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

13. Contact Us

If you have questions about these Terms:

Joshua McSorley
Maverick Marketer LLC
Email: hello@joshuamcsorley.com

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