Terms & Conditions

This website is owned and maintained by The McKnight Element LLC, a Washington State limited liability company. By using this website and/or engaging our services, you are entering into this Agreement with The McKnight Element LLC and indicating that you agree to these terms of service. If you do not agree with these terms and conditions, please do not use this website. You may contact us with any questions at hello@themcknightelement.com.

1. Free Consultation

Not all inquiries will qualify for a complimentary consultation. The McKnight Element reserves the right to determine whether a prospective client is the right fit for our services.

2. No Guarantee of Specific Results

Regardless of any perceived representation to the contrary, The McKnight Element does not guarantee any specific results or business outcomes. Client understands and agrees that they are engaging The McKnight Element for professional marketing strategy services, but that success depends on many factors outside our control, including client resources, execution, market conditions, and third-party platforms.

3. Non-Disparagement

The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or their principals, officers, employees, or agents whether during the term of the engagement or after termination. This applies to all forms of communication, including social media and online forums. Nothing herein prevents either Party from making truthful statements in legal proceedings or governmental investigations.

4. Limitation of Liability

The McKnight Element warrants that services will be provided in accordance with the scope outlined in the agreed proposal. However, except as expressly set forth herein:
(a) The McKnight Element shall have no liability for any services provided, including liability for negligence;
(b) The McKnight Element makes no warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose;
(c) In no event shall The McKnight Element’s total liability exceed the fees paid by Client in the two (2) months preceding a claim.

In no event shall The McKnight Element be liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of profits, data, goodwill, or business interruption, even if advised of the possibility of such damages.

5. Force Majeure

Neither party shall be held liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, supply chain disruptions, power or internet outages, or actions of government agencies. Lack of funds shall not constitute a force majeure event.

6. Default

If Client fails to pay any fees or charges when due, The McKnight Element may pause or terminate services until payment is made, in addition to pursuing other available remedies under Washington law.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law provisions. Any disputes shall be resolved in the courts of Pierce County, Washington.

8. Attorney’s Fees

In any dispute arising under this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs in accordance with Washington law.

9. Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter and supersedes all prior agreements, oral or written. Any amendments must be in writing and signed by both Parties.

10. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

11. Assignment and Successors

Neither Party may assign or transfer its rights or obligations under this Agreement without prior written consent from the other Party. Subject to that restriction, this Agreement is binding upon and benefits the Parties and their respective successors and permitted assigns.

12. Payment Authorization

By entering into an agreement for services, Client authorizes The McKnight Element to invoice for agreed-upon fees. Payment terms, method, and timing will be outlined in the client proposal or service agreement. Credit card and ACH payments may be subject to processing fees.

13. Acceptance of Terms

By using this website or engaging The McKnight Element’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Contact Us

If you have questions about these Terms & Conditions, please contact hello@themcknightelement.com.