Effective Date: October 31, 2026
Welcome to Bemidji Marketing. These Terms of Service (“Terms”) govern your use of the Bemidji Marketing website and the services provided by Bemidji Marketing, LLC (“Bemidji Marketing,” “we,” “our,” or “us”).
By accessing our website or engaging our services, you agree to these Terms. If you do not agree, please discontinue use of the website and its services.
1. About Bemidji Marketing
Bemidji Marketing, LLC is a business providing website development, digital marketing, branding and creative services, marketing strategy, and website management and support.
Our services are designed to help businesses strengthen their online presence, communicate their value, and pursue business growth.
2. Use of This Website
You may use this website for lawful purposes and in a manner that does not interfere with its operation or the experience of other visitors.
You agree not to:
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Use the website for unlawful, fraudulent, or misleading purposes.
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Attempt to gain unauthorized access to website systems or information.
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Introduce malicious code, viruses, or harmful technology.
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Copy, reproduce, or distribute website content without permission.
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Interfere with the website's security, functionality, or availability.
We reserve the right to restrict access to the website when necessary to protect its operation, security, or users.
3. Services and Project Agreements
Bemidji Marketing offers services that may include:
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Website design and development.
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Digital marketing and search engine optimization.
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Paid advertising strategy and management.
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Branding, logo design, and creative services.
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Marketing strategy and consulting.
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Website management, maintenance, and support.
The specific scope, deliverables, fees, timelines, payment requirements, and responsibilities for a project will be established in a proposal, service agreement, statement of work, or other written arrangement.
If a separate written agreement conflicts with these Terms, the separate agreement will govern the services covered by that agreement.
We reserve the right to modify, discontinue, or introduce services as our business evolves.
4. Proposals, Fees, and Payment
Project pricing and payment arrangements will be communicated before work begins.
Depending on the project, payment arrangements may include deposits, milestone payments, recurring monthly fees, hourly charges, or other agreed-upon terms.
Unless otherwise specified in writing:
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Work begins after the required agreement and initial payment have been received.
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Invoices are due according to the payment terms provided.
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Additional work outside the agreed scope may require additional fees.
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Delayed payments may result in paused work or suspended services.
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The client is responsible for applicable taxes and third-party costs unless otherwise agreed.
Recurring services, subscriptions, and ongoing support will follow the payment and cancellation terms established in the applicable service agreement.
5. Client Responsibilities
Successful projects require cooperation and timely communication.
Clients agree to:
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Provide accurate business information and project requirements.
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Supply necessary content, images, credentials, and materials.
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Ensure they have permission to use materials supplied to Bemidji Marketing.
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Review project work and provide feedback within agreed timeframes.
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Respond to requests for approvals and decisions.
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Maintain access to accounts, domains, hosting, and third-party services when required.
Delays in providing materials, feedback, or approvals may affect project schedules and delivery dates.
6. Website Development and Digital Services
Website development and digital marketing services are subject to the scope and terms of the applicable project agreement.
Unless specifically included in writing, services do not automatically include:
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Website hosting or domain registration.
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Ongoing website maintenance.
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Premium software, plugins, fonts, stock photography, or other third-party licenses.
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Advertising budgets or media spending.
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Ongoing content creation.
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Additional revisions or functionality beyond the agreed scope.
We will communicate applicable requirements and additional costs before undertaking work outside the agreed scope.
7. Marketing Performance and Results
Bemidji Marketing uses strategic planning, creative execution, and ongoing optimization to help businesses improve their marketing efforts.
However, we cannot guarantee specific business or marketing results.
Search rankings, website traffic, advertising performance, lead generation, sales, conversions, and revenue may be affected by factors outside our control, including competition, market conditions, search engine algorithms, advertising platforms, budgets, and client decisions.
Any projections, recommendations, or performance estimates are provided for planning purposes and are not guarantees of future results.
8. Third-Party Platforms and Services
Our services may involve third-party platforms, software, hosting providers, advertising networks, analytics tools, plugins, and other technologies.
These services are operated independently by their respective providers.
Bemidji Marketing is not responsible for third-party outages, policy changes, pricing changes, security incidents, service interruptions, or modifications that affect a client's website or marketing activities.
Clients may be required to maintain their own accounts, subscriptions, licenses, and payment arrangements with third-party providers.
9. Intellectual Property and Ownership
Unless otherwise agreed in writing:
Client Materials
Clients retain ownership of materials they provide to Bemidji Marketing, including logos, photographs, written content, trademarks, and other business assets.
Clients grant Bemidji Marketing permission to use those materials as reasonably necessary to perform the agreed services.
Custom Deliverables
Ownership and permitted use of custom project deliverables will be established in the applicable project agreement. Unless otherwise specified, final custom deliverables created specifically for a client transfer to that client upon full payment.
Bemidji Marketing Materials
Bemidji Marketing retains ownership of its pre-existing materials, proprietary processes, methodologies, templates, tools, systems, and know-how.
This includes FramiFLOW™, Bemidji Marketing's proprietary five-stage methodology:
DISCOVER → STRATEGIZE → CREATE → LAUNCH → OPTIMIZE
The FramiFLOW™ name, framework, and associated materials may not be copied, reproduced, or used commercially without written permission.
Third-Party Materials
Third-party software, fonts, plugins, stock assets, and other licensed materials remain subject to their respective ownership and licensing terms.
10. Portfolio and Promotional Use
Bemidji Marketing may request permission to display completed projects, website designs, branding work, or other deliverables in its portfolio and promotional materials.
Unless otherwise agreed in writing, we will seek client approval before publicly identifying a client or displaying confidential project information.
11. Confidentiality
We recognize that business relationships may involve confidential information.
Bemidji Marketing will take reasonable steps to protect nonpublic client information and use it only as necessary to provide agreed services, meet legal obligations, or fulfill other authorized purposes.
Clients are also responsible for protecting confidential information shared with them during a project.
12. Website Availability and Disclaimer
We make reasonable efforts to maintain the availability and accuracy of our website.
However, the website and its content are provided on an “as available” basis. We do not guarantee uninterrupted access, error-free operation, or that all information will always be complete or current.
To the maximum extent permitted by law, we disclaim warranties not expressly established in a written service agreement.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Bemidji Marketing will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost business opportunities, or loss of data.
For claims arising from a specific paid service engagement, Bemidji Marketing's total liability will not exceed the fees paid to Bemidji Marketing for the services giving rise to the claim during the six months immediately preceding the event giving rise to the claim.
This limitation does not apply where prohibited by law or to liability that cannot legally be limited or excluded.
14. Indemnification
To the extent permitted by law, clients agree to be responsible for claims arising from materials they provide, their misuse of services, their violation of these Terms, or their infringement of another party's rights.
This provision does not apply to the extent a claim results from Bemidji Marketing's own unlawful conduct or obligations that cannot legally be transferred.
15. Suspension and Termination
Either party may terminate a service engagement according to the terms of the applicable written agreement.
If no separate termination terms exist, either party may request termination by providing written notice.
Upon termination:
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Completed work and outstanding approved charges remain payable.
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Any agreed recurring services will be handled according to their applicable cancellation terms.
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Access to accounts, materials, and deliverables will be addressed under the applicable agreement.
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Bemidji Marketing may suspend services for nonpayment, misuse, or other material violations of these Terms.
Certain provisions, including intellectual property, payment obligations, confidentiality, and limitations of liability, may continue to apply after termination.
16. Privacy
Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information.
Please review our Privacy Policy for additional information.
17. Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.
Any legal proceedings will be subject to applicable jurisdiction and venue requirements.
18. Changes to These Terms
Bemidji Marketing may update these Terms periodically to reflect changes in our services, business practices, or legal requirements.
Updated Terms will be posted on this page with a revised effective date.
Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
19. Contact Information
If you have questions about these Terms or our services, please contact us:
Bemidji Marketing, LLC
Matt Peterson
Bemidji, Minnesota
Email:
Website: https://bemidjimarketing.com/
Bemidji Marketing
Built to Grow. Designed to Perform.