These Terms of Service ("Terms") govern your use of the website located at powrful.com (the "Site") operated by Powrful Media, Inc. ("Powrful Media," "we," "us," or "our"), a digital marketing agency headquartered at 3660 Sarah Place NW, Suite 201, Rochester, MN 55901.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:
Use the Site in any way that violates applicable local, state, national, or international law
Attempt to gain unauthorized access to any portion of the Site or its related systems
Transmit any unsolicited or unauthorized advertising, spam, or promotional material
Use automated tools (bots, scrapers, crawlers) to access or collect data from the Site without our express written consent
Interfere with or disrupt the integrity or performance of the Site
2. Intellectual Property
All content on the Site — including text, graphics, logos, images, and software — is the property of Powrful Media or its licensors and is protected by applicable intellectual property laws. The Powrful Method™ is a trademark of Powrful Media, Inc. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written permission.
3. Services and Client Engagements
Information on this Site regarding our services (digital marketing, social media management, video production, content creation, lead generation, and related offerings) is provided for general informational purposes. Specific terms governing any service engagement will be set forth in a separate written agreement between you and Powrful Media. Powrful Media reserves the right to modify, suspend, or discontinue any service or Site feature at any time without notice.
4. Social Media and Third-Party Platforms
Powrful Media provides services that involve publishing content to third-party social media platforms including but not limited to TikTok, Facebook, Instagram, YouTube, and LinkedIn. By authorizing Powrful Media to access your accounts on these platforms, you represent that:
You have the authority to grant such access
The content you provide or authorize does not infringe any third party's rights
You remain responsible for compliance with each platform's own terms of service
Powrful Media is not responsible for changes to third-party platform policies, API availability, or platform decisions affecting the delivery of services.
5. User-Submitted Content
If you submit content to us (including photos, videos, business information, or creative assets), you grant Powrful Media a non-exclusive, royalty-free license to use that content to perform contracted services on your behalf. You represent that you own or have the right to use all submitted content.
6. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POWRFUL MEDIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POWRFUL MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES. Our total liability to you for any claim shall not exceed the amount paid by you to Powrful Media in the twelve (12) months preceding the claim, or $100, whichever is greater.
8. Indemnification
You agree to indemnify, defend, and hold harmless Powrful Media and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms, or your violation of any third party's rights.
9. Privacy
Your use of the Site is also governed by our Privacy Policy, available at powrful.com/privacy. By using the Site, you consent to the data practices described there.
10. Links to Third-Party Sites
The Site may contain links to external websites for your convenience only. Powrful Media has no control over those sites and accepts no responsibility for them or any loss arising from your use of them.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted with a revised Effective Date. Continued use of the Site after changes are posted constitutes your acceptance.
12. Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law provisions. Any disputes shall be subject to the exclusive jurisdiction of courts in Olmsted County, Minnesota.
13. Contact Us
Powrful Media, Inc. 3660 Sarah Place NW, Suite 201 Rochester, MN 55901 Phone: (507) 923-0575 Website: powrful.com