Terms and Conditions
1. Agreement to These Terms
These Terms and Conditions (“Terms”) are a legally binding agreement between you (“you,” “User,” or “Client”) and Captain Expansion LLC, a Wyoming limited liability company with its principal address at 32 N Gould St. Ste R, Sheridan, WY 82801 (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of captainexpansion.com (the “Site”) and all marketing services, deliverables, consultations, and related offerings we provide (collectively, the “Services”).
By visiting the Site, submitting an inquiry, or engaging our Services, you accept these Terms in full. If you do not agree, you must discontinue use of the Site and Services. If you accept on behalf of a business, you represent that you have authority to bind that business.
2. The Services
Captain Expansion LLC provides marketing services, which may include video production, audio production, marketing automation, AI-assisted tools, lead management, paid advertising management, social media management, and lead funnel development. The specific scope, deliverables, timeline, and fees for any engagement will be set out in a proposal, order form, or statement of work (“SOW”). If an SOW conflicts with these Terms, the SOW controls for that engagement only.
No guaranteed results. Marketing outcomes depend on factors outside our control, including market conditions, platform algorithms, ad approval decisions, competition, and your own pricing, offer, and sales process. We do not guarantee any particular level of leads, traffic, rankings, engagement, conversions, or revenue.
3. Client Responsibilities
- Provide timely access to accounts, brand assets, approvals, and information reasonably needed to perform the Services;
- Ensure that all materials you supply are accurate and that you own or have rights to them;
- Ensure that your products, services, claims, and offers comply with applicable law, including advertising and consumer-protection rules;
- Review deliverables promptly and provide feedback within agreed timeframes;
- Pay all fees when due.
4. Fees, Billing, and Refunds
Fees are stated in the applicable SOW or invoice and are payable in U.S. dollars. Unless otherwise agreed in writing, recurring services bill in advance, invoices are due upon receipt, and late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Third-party costs — including ad spend, software licenses, and stock assets — are your responsibility and are separate from our fees.
Except where an SOW states otherwise or applicable law requires, fees for Services already performed are non-refundable. We may suspend Services for accounts more than fifteen (15) days past due.
5. Intellectual Property
Upon full payment, final deliverables created specifically for you under an SOW are assigned to you, excluding (a) our pre-existing materials, tools, templates, and know-how, and (b) third-party assets licensed for your use, which remain subject to their own license terms. We retain the right to display completed work in our portfolio and marketing unless the SOW states otherwise. All Site content, branding, and materials not created for you remain our property, and you may not reproduce or exploit them without our written consent.
6. Confidentiality
Each party agrees to protect the other’s non-public business information with reasonable care, use it only for the engagement, and not disclose it except to personnel and contractors who need it and are bound by similar obligations, or as required by law.
7. Third-Party Platforms
The Services frequently involve third-party platforms (such as ad networks, social networks, hosting providers, CRMs, and analytics tools). Those platforms are governed by their own terms and may change features, suspend accounts, reject ads, or alter algorithms at any time. We are not responsible for the acts, omissions, availability, or policies of any third-party platform.
8. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available.” To the fullest extent permitted by law, Captain Expansion LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Site or Services will be uninterrupted, error-free, or secure, or that any marketing result will be achieved.
9. Limitation of Liability
To the fullest extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility; and (b) Captain Expansion LLC’s total cumulative liability arising out of or relating to the Site, the Services, or these Terms will not exceed the greater of (i) the fees you paid to us in the three (3) months before the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law. The limitations in this Section apply regardless of the theory of liability and survive termination.
10. Indemnification
You agree to defend, indemnify, and hold harmless Captain Expansion LLC and its members, managers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) materials, products, or claims you supply or direct us to use; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) your business, products, or services.
11. Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ALL DISPUTES TO BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AS THE SOLE AND EXCLUSIVE REMEDY, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.
11.1 Scope — All Disputes
You and Captain Expansion LLC agree that every dispute, claim, or controversy of any kind between you and the Company — including, without limitation, disputes arising out of or relating to (a) your visits to or use of the Site; (b) the Services or any SOW; (c) the Privacy Policy or any data-related claim; (d) these Terms, including their formation, interpretation, breach, or termination; and (e) any statutory, tort, contract, or equitable claim — shall be resolved exclusively by final and binding arbitration on an individual basis, and not in court. Arbitration is the sole and exclusive forum and remedy for all such disputes, except as narrowly stated in Section 11.7.
11.2 Federal Arbitration Act
This arbitration agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which preempts conflicting state law. This Section survives termination of these Terms and of any engagement.
11.3 Informal Resolution First
Before starting arbitration, the party with the dispute must send the other a written notice describing the claim and the relief sought. Notices to us go to support@captainexpansion.com or the mailing address in Section 15; notices to you go to the contact information on file. The parties will negotiate in good faith for sixty (60) days. Completing this step is a condition precedent to filing arbitration.
11.4 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever applies, as modified by this Section. The AAA Rules are available at www.adr.org. If the AAA is unavailable, the parties will select another administrator, or a court will appoint one. A single neutral arbitrator will decide the dispute, and the arbitrator — not any court — has exclusive authority to resolve all questions of arbitrability, including the scope, validity, and enforceability of this arbitration agreement. The arbitrator may award any relief that a court could award to the individual party. Judgment on the award may be entered in any court with jurisdiction, and the award is final and binding except as provided by the FAA.
11.5 Hearing Location and Fees
For claims under $10,000, arbitration may be conducted on written submissions or by phone or video at either party’s election. Otherwise, any in-person hearing will be held in the county where you reside or another mutually agreed location, or by videoconference. Filing, administrative, and arbitrator fees are allocated under the AAA Rules; if your claim is non-frivolous and seeks less than $10,000, we will pay your share of AAA filing fees. Each party bears its own attorneys’ fees unless the arbitrator finds a claim frivolous or a statute provides otherwise.
11.6 Class Action and Jury Trial Waiver
All disputes must be arbitrated on an individual basis only. Neither party may bring or participate in any class, collective, consolidated, mass, or representative proceeding, and the arbitrator may not consolidate the claims of more than one person. Both parties knowingly and voluntarily waive the right to a trial by jury.
11.7 Limited Exceptions
Notwithstanding the foregoing, (a) either party may bring an individual claim in small claims court if it qualifies and remains there; and (b) either party may seek temporary injunctive relief from a court solely to protect intellectual property or confidential information pending arbitration. These narrow exceptions help keep this agreement enforceable nationwide and do not waive arbitration of the underlying dispute.
11.8 30-Day Opt-Out Right
You may opt out of this arbitration agreement by emailing support@captainexpansion.com within thirty (30) days of first accepting these Terms, with the subject line “Arbitration Opt-Out,” your full name, and a clear statement that you opt out. Opting out does not affect any other provision of these Terms.
11.9 Severability of This Section
If any part of this Section 11 is found unenforceable, it will be severed and the rest will remain in force — except that if the class action waiver in Section 11.6 is found wholly unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court under Section 13, and the remainder shall stay in arbitration.
12. Term and Termination
Either party may terminate an engagement as provided in the applicable SOW, or on thirty (30) days’ written notice if no term is stated. You remain responsible for fees for Services performed and for non-cancelable commitments made through the effective termination date. Sections 5, 6, and 8 through 14 survive termination.
13. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 11. Solely for matters properly in court under Section 11.7 or 11.9, the state and federal courts located in Sheridan County, Wyoming will have exclusive jurisdiction, and both parties consent to venue there.
14. General
These Terms, together with any SOW and the Privacy Policy, are the entire agreement between the parties regarding their subject matter and supersede prior discussions. We may update these Terms by posting a revised version with a new Effective Date; continued use of the Site or Services after posting constitutes acceptance. If any provision is found invalid, it will be modified to the minimum extent necessary to be enforceable and the remainder will stand. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, sale, or reorganization. Neither party is liable for delays or failures caused by events beyond its reasonable control.
15. Contact
Captain Expansion LLC
32 N Gould St. Ste R, Sheridan, WY 82801
Email: support@captainexpansion.com
Phone: 555-555-5555
Email support@captainexpansion.com and we’ll walk you through anything in this agreement before you sign on.