Legal Notices

Privacy Policy

Updated: 3/14/2025

White Peak Growth Partners, LLC (“Company,” “we,” “our,” or “us”) respects your privacy and is committed to protecting it through this Privacy Policy.

This Privacy Policy describes how we collect, use, disclose, and safeguard your information when you visit our website, https://whitepeak.io (“Website”). Please read this policy carefully to understand our views and practices regarding your personal data.

1. Information We Collect

We may collect several types of information from and about users of our Website, including:

• Personal Information: Name, email address, phone number, mailing address, and any other details you provide through contact forms or other interactions.
• Usage Information: Information about your internet connection, IP address, browser type, and device information.
• Cookies and Tracking Technologies: We use cookies and similar technologies to enhance your experience on our Website.

2. How We Use Your Information

We use the information we collect for various business purposes, including:

• Providing, maintaining, and improving our Website and services.
• Responding to your inquiries, requests, or customer support needs.
• Sending promotional emails, newsletters, or marketing materials (you may opt out at any time).
• Ensuring security and preventing fraud.
• Complying with legal obligations and enforcing our policies.

3. How We Share Your Information

We do not sell, rent, or trade your personal information. However, we may share information in the following ways:

• Service Providers: We may share information with third-party service providers who help us operate and improve our Website and services.
• Legal Requirements: We may disclose your information if required by law, court order, or governmental request.
• Business Transfers: In case of a merger, sale, or asset transfer, your information may be included as part of the transaction.

4. Your Privacy Rights

Depending on where you live, you may have rights regarding your personal data, including:

• Access & Portability: Request a copy of the data we have about you.
• Correction & Deletion: Request corrections or deletion of your personal data.
• Opt-Out of Marketing: Unsubscribe from marketing emails by following the instructions in our emails.
• California Residents (CCPA Rights): If you are a California resident, you have specific rights regarding your personal information, including the right to know, delete, and opt-out of certain data practices. You may exercise these rights by contacting us at growth@whitepeak.io.

5. Data Retention

We retain personal data only as long as necessary for business and legal purposes. Once data is no longer needed, we securely delete or anonymize it.

6. Data Security

We take appropriate security measures to protect your personal data. However, no method of transmission over the internet is 100% secure. While we strive to protect your information, we cannot guarantee its absolute security.

7. Children’s Privacy

Our Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children. If we become aware that we have collected information from a child under 13, we will delete it immediately.

8. Do Not Track (DNT) Signals

Some browsers allow you to send a Do Not Track (DNT) signal. We currently do not respond to DNT signals due to the lack of a uniform standard.

9. Nevada Residents Privacy Rights

Under Nevada law (NRS 603A), Nevada residents have the right to opt out of the sale of their personal information. We do not sell personal information. However, Nevada residents may submit a request to growth@whitepeak.io to ensure their data is never sold in the future.

10. International Data Transfers

If you access our Website from outside the United States, please be aware that your information may be transferred, stored, and processed in the United States, where data protection laws may differ from those in your country.

11. Third-Party Tracking and Analytics

We use third-party tracking technologies to analyze Website traffic and improve our services. These third parties may collect data about your interactions with our Website over time and across different websites. Technologies we use may include:

• Google Analytics: Tracks and reports Website traffic.
• Meta Pixel (formerly Facebook Pixel): Helps measure the effectiveness of our advertising.
• Google Ads: Helps us deliver targeted advertisements based on your interests.
• LinkedIn Insights & Ads: Provides insights into our audience and enables targeted advertising.
• SendFox: Used for email marketing and tracking engagement.
• Hubflo: Helps manage customer relationships and Website interactions.
• A2Hosting: Collects basic Website analytics and server performance data.

These third parties may collect information about your browsing behavior using cookies, pixels, or similar technologies. You can opt out of third-party tracking by adjusting your browser settings or using opt-out tools provided by these services:

• Google Analytics Opt-Out: https://tools.google.com/dlpage/gaoptout
• Meta (Facebook) Ad Preferences: https://www.facebook.com/adpreferences
• Google Ads Settings: https://adssettings.google.com/
• LinkedIn Ad Preferences: https://www.linkedin.com/help/linkedin/answer/90274

We do not control how these third parties use your data. Please refer to their privacy policies for more information.

12. Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for the privacy practices of other sites. We encourage you to review their privacy policies before providing any information.

13. Changes to This Policy

WE MAY UPDATE THIS PRIVACY POLICY FROM TIME TO TIME. ANY CHANGES WILL BE POSTED ON THIS PAGE WITH A REVISED “EFFECTIVE DATE.” YOUR CONTINUED USE OF OUR WEBSITE AFTER WE PROVIDE NOTICE CONSTITUTES ACCEPTANCE OF THE UPDATED POLICY. IF YOU DO NOT AGREE TO THE UPDATED PRIVACY POLICY, YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE.

14. Contact Information

If you have any questions about this Privacy Policy or your rights, please contact us at:

White Peak Growth Partners, LLC
1 E. Liberty Street, Suite 600
Reno, NV 89501
Email: growth@whitepeak.io

Universal Website Design & Development Scope of Work

Updated: 3/14/2025

Please read this Scope of Work carefully as it describes what is included in your project.
These are binding terms for your project.

1. Planning

The first step is for our team to thoroughly understand your business, your business goals, your customers and their expectations and behavior, and how your website influences everything. Therefore, we will begin with a project kickoff call. This gives us the foundation for moving forward with just the right recommendations for designing and developing your new, responsive website.

Unless excluded from this Scope of Work on the Scope of Work Exhibit A (which was part of your electronically signed proposal), which is incorporated into this Agreement by reference, we will create a sitemap once the research has been completed. From time to time, we will not create a sitemap because you a sitemap may be provided to us, or we will be working on a project that doesn’t require a sitemap, such as only a single landing page. Sitemaps are organized lists or flow chart diagrams showing connections between web pages, page trees, and website content.

If we’re migrating content from an existing site, we will confirm what pages and posts are scheduled for migration to the new site. This will be done in writing; we will not be responsible for any pages or posts not captured in writing in the Scope of Work.

During the kickoff call, we will revisit and confirm any special feature requests, integrations, or functionality to be incorporated into the site.

2. Design and Content

Unless excluded from this Scope of Work on the Scope of Work Exhibit A, this project includes website design and image selection, as described herein. If website design is excluded from this project on the Scope of Work Exhibit A, Section 2 (Design & Content) does not apply to this Agreement.

Brand Requirements

You will provide White Peak with your brand requirements (e.g., a Brand Guide) or work with us to establish your requirements at the onset of your project. Your website or landing page’s design will reflect these requirements.

Photographs and Videos

We will supply up to 20 stock photographs from depositphotos.com and up to 20 icons, as needed, from thenounproject.com. If you have specific graphics or videos you would like us to use, you’ll need to supply the files. Graphic files should be in an editable, vector digital format, and the videos should be hosted on YouTube or Vimeo. Photographs must be in a high-resolution digital format. If you would like customized images or illustrations, photography, or videos, we can provide a separate estimate for that.

Your Feedback/Revisions on the Design Work

We provide multiple concepts on the design to provide you with a wide range of design options and minimize the number of revisions needed in this project. The project fees presume that your feedback on all designs will require up to three rounds of revisions. If additional design revisions are requested, additional charges will apply. At that point, you will have the option to either (i) pay for additional design work at a rate of $125 per hour or (ii) terminate the Agreement in writing within 72 hours of receiving an estimate for the additional hours, contingent upon your payment of any outstanding fees for the design work performed up to that point.

Copy

Writing copy is not included in your Scope of Work unless noted in the Scope of Work Exhibit A or added as an “add on” service in the proposal, which is incorporated herein.

If White Peak is not hired to write the copy for your website or landing page, you must provide a copy to us for inclusion in your finished project. In such a case, you agree to promptly provide your final copy to us, consistent with the Project Timeline incorporated herein by reference.

Landing Page-Only Projects

If we are designing only a landing page, we will create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes.

Next, we’ll share two landing page wireframe concepts for your consideration. These concepts will give you a few different layout perspectives on this critical page. We’ll present the design concepts to you and solicit your feedback.

In most cases, clients like various aspects of each concept. With your feedback, we’ll finalize the landing page design according to your brand requirements.

We create designs iteratively and typically use static visuals (color, texture, and typography) to indicate a look-and-feel direction. Occasionally, and at our discretion, we use HTML and CSS instead of static visuals.

Full Website Projects

– HOME PAGE

When we design a full site, we start with the homepage. During the design phase of the website project, we create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes.

Next, we’ll share 2-3 homepage wireframe concepts for your consideration. These homepage concepts will give you a few different layout perspectives on this critical page. We’ll present the design concepts to you and solicit your feedback.

In most cases, clients like various aspects of each of the concepts. With your feedback in hand, we’ll finalize the homepage design according to your brand requirements.

We create designs iteratively and typically use static visuals (color, texture, and typography) to indicate a look-and-feel direction. Occasionally, and at our discretion, we use HTML and CSS instead of static visuals.

– INTERIOR PAGES

With your home page design finalized, we will design your interior pages and/or templates, if any. Your project manager will solicit your feedback, and again, we’ll incorporate your feedback into the final designs for those pages. This project includes unlimited interior page revisions once we present the initial designs.

Once your feedback has been incorporated and You have approved the designs, we will start building your site.

3. Development

Unless excluded from this Scope of Work on the Scope of Work Exhibit A, this project includes a website or landing page development, as described herein. If development is excluded from this project on the Scope of Work Exhibit A, Section 3 (Development) does not apply to this Agreement.

Once you have approved the design of your new website or landing page, we’ll make your design a reality by building/developing the site using standards-based technology. We deliver sites developed in HTML5 and CSS and use JQuery for simple behavior and effects like animations and form validation.

For Landing Page-Only Projects

For landing page projects, we will work with you before the start of the project to determine the content management system and/or platforms we will be using to build your new landing page

WordPress Theme Development

Unless otherwise stated in your Scope of Work Exhibit A, White Peak will build your site using the latest, widely accepted version of WordPress as your content management system (CMS). WordPress is the most popular CMS in the world, with thousands of developers constantly improving it and contributing plugins to extend its functionality. A third of all websites on the planet are built using WordPress, which is expected to be half of all websites by 2025.

We’ll build your custom site on our development servers, mirroring the design we created for you.

Unless otherwise stated in your Scope of Work Exhibit A, White Peak sites are built using the Astra WordPress theme using the Elementor Page Builder Add-on. If Your design requires Elementor Pro, You agree to purchase that license for approximately $50 per year. Using Astra rather than developing a custom theme for your site reduces your development and ongoing maintenance costs considerably. Astra and Elementor are feature-rich and built for speed and ease of use. Elementor itself is an incredibly easy-to-use drag-and-drop page and post editor, and Astra-built sites are some of the fastest in the world.

Plugins are a way to extend the functionality of WordPress and make the admin panel easier to manage. We’ll install a limited number of plugins, as needed, for launch to deliver features and functionality that are not native to WordPress, Astra, or Elementor. Occasionally, certain plugins may only be available for a small fee from the plugin’s developer. A “paid” plugin is rarely needed, but if this occurs, we will let you know, and we reserve the right to pass those costs onto you, which you agree to promptly pay if you decide to have the “paid” version of a plugin installed.

Shopify Development

If your Scope of Work Exhibit A prescribes the use of Shopify instead of WordPress, you agree that you alone are financially responsible for the Shopify platform costs and the cost of any Shopify Addons that are required to execute your project. You will pay those costs directly to Shopify.

More Website Details

Your website will initially contain the pages and functionality defined in the Scope of Work Exhibit A. You can add new top-level and secondary pages to the site yourself in your selected content management system, or you can arrange for White Peak or another third party to do it for you.

Blog posts will be displayed in reverse chronological order with pagination, search, tagging, and category filters. We can also disable this feature for you, upon request.

If your website needs to connect to a third-party application or website or features or functionality not specifically listed here or in the Scope of Work Exhibit A, please do not accept this Scope of Work as-is. This Scope of Work does not include third-party integrations or complex custom development without mutual written agreement.

4. Testing and “Initial Certification.”

We’ll test the website on various browsers and mobile devices, check its functionality to ensure there are no errors or broken links, and then hand it over to you for review on our development server.  This is defined as “Initial Certification.”

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Desktop Browser Testing

We test our work on current versions of Apple’s Safari, Google Chrome, and Microsoft Edge. Some features don’t work the same on all browsers, so we do not guarantee all features will work the same on all browsers. We will not test on other older versions of the browser unless you specify otherwise, and it is noted in your Scope of Work Exhibit A. If You need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile Browser Testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the device’s capabilities. We test Our work in the current version of iOS and Safari and the latest version of the popular Android browser, Google Chrome.

We do not test other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Your Feedback on Our Work Product

YOU’LL HAVE UNLIMITED REVISIONS AVAILABLE TO YOU ON THE DEVELOPMENT SITE, LIMITED ONLY TO BUG FIXES OR MINOR USER INTERFACE ADJUSTMENTS. ONCE YOU HAVE ACCEPTED OUR WORK PRODUCT AS MEETING WHITE PEAK’S DEVELOPMENT OBLIGATIONS DESCRIBED HEREIN, WE WILL ISSUE “INITIAL CERTIFICATION.” YOU WILL HAVE SEVEN (7) CALENDAR DAYS TO PERFORM YOUR ACCEPTANCE TESTING AND PROVIDE WRITTEN FEEDBACK, OR THE INITIAL CERTIFICATION WILL BE DEEMED TO BE ACCEPTED BY YOU. WE WILL NOT MAKE CHANGES TO THE SITE AFTER THE FINAL CERTIFICATION (DEFINED BELOW) HAS BEEN ISSUED, SO PLEASE PERFORM YOUR ACCEPTANCE TESTING OF THE WEBSITE AT THIS STAGE. THE DATE INITIAL CERTIFICATION IS ISSUED SHALL BE DEFINED AS THE “INITIAL CERTIFICATION DATE.” THE REMAINING BALANCE ON YOUR PROJECT IS DUE AT THIS POINT AND WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD ON FILE.

5. Change Requests

Occasionally, clients make change requests to a project that was not initially contemplated in this Scope of Work. Occasionally, they want to change something that they have previously approved. If either of these situations should occur (defined as “Change Requests”), we will do our best to accommodate the change request.

IF CHANGES ARE REQUIRED BY YOU TO THE SCOPE OF WORK OR TO WORK PREVIOUSLY APPROVED BY YOU, IT MAY DELAY THE PROJECT TIMELINE AND LEAD TO ADDITIONAL CHARGES AT OUR SOLE DISCRETION.

6. Final Certification and Launch

Following Initial Certification, incorporation of your feedback, Change Requests, and receipt of final payment, we will launch your new website to your final domain in a live production environment. Once the site is live on your domain, White Peak will fix any bugs identified within 15 days of launch at no cost to you. As rare as it is for issues to occur, we want you to know that we have your back during this important transition.

Once White Peak has verified that the live site matches the development version of the site you have previously approved, we will issue a “Final Certification.” This indicates that the website design and development project has officially been completed, and we are transitioning to the ongoing website maintenance phase. The date Final Certification is issued shall be defined as the “Final Certification Date.”

7. Errors

We can’t guarantee that our work will be error-free (we’re human!), so White Peak can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them.

8. Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectations on the deliverables listed in this Scope of Work. You agree to aid us in doing so by making available to us needed information pertaining to your website and cooperating with us in expediting the work. If the project stalls because (i) you don’t provide us with information or materials we need to continue the project, (ii) you don’t complete tasks that need to be completed so that the project can continue, (iii) or you fail to provide feedback in a timely manner, White Peak reserves the right to pause your project. You will not be entitled to a refund of any deposits made, and at our discretion, we may charge You for work completed in excess of Your deposit and to continue the project once you are re-engaged based on our then-current project queue. If You abandon the project for more than six (6) months, your deposit(s) will be forfeited, your project will not be restarted, and you are not entitled to a refund.

9. Additional Charges for the Project

FUNCTIONALITY OR FEATURE REQUESTS MADE BY YOU THAT ARE ABOVE AND BEYOND THOSE EXPLICITLY LISTED IN THIS SCOPE OF WORK MAY BE CONSIDERED OUT-OF-SCOPE, AND AN AMENDMENT MAY BE REQUIRED, AND ADDITIONAL CHARGES MAY APPLY.

10. Client Responsibility for Accuracy

You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services, which you furnish to us verbally or in writing or which you approve in connection with the performance of this Scope of Work.

You represent and warrant that the use of all elements that you provide to White Peak, including text, images, copy, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy, and publicity rights, contractual rights, or other rights of any third party.

11. Website Hosting and Love Your Site Terms & Conditions

If you have purchased White Peak hosting services and/or Love Your Site website maintenance, those services shall be governed by the applicable terms and conditions and policies.

12. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

13. Entire Scope of Work

THIS SCOPE OF WORK, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND ACCURATE DESCRIPTION OF THE WEBSITE DESIGN AND DEVELOPMENT WORK WHITE PEAK WILL PERFORM FOR YOU, SUPERSEDING AND REPLACING ANY AND ALL PRIOR AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS (BOTH WRITTEN AND ORAL) REGARDING SUCH SUBJECT MATTER. THE DETAILS OF THIS SCOPE OF WORK WILL PREVAIL OVER ANY CONTRARY OR INCONSISTENT TERMS IN ANY PURCHASE ORDER, EMAIL, OR COMMUNICATION, WRITTEN OR OTHERWISE. THIS SCOPE OF WORK MAY ONLY BE MODIFIED BY A WRITTEN DOCUMENT EXECUTED BY BOTH PARTIES.

14. English Version Prevails

If this Scope of Work is translated into other languages and there is a discrepancy between the two versions, the English version shall prevail.

Love Your Site Terms & Conditions

Updated: 3/14/2025

Use of our website maintenance service constitutes your acceptance of these Terms & Conditions.

1. Introduction.

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 and its assigns and licensees (hereinafter “White Peak” or “Us” or “We” or “Our”), and the entity that is using or who has purchased the Purchased Service, (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors.

2. Purchased Service.

The services selected by You, White Peak’s WordPress website maintenance (“Purchased Services” or “Love Your Site support” or “website maintenance”) shall be provided by White Peak to Partner throughout the Subscription Term. Purchase Services may include website bug fixes, website updates, website development (i.e., change requests), website backups, website security, and various other features as outlined in Your electronically signed proposal. White Peak reserves the right to change the features included with the Purchased Services at Our sole discretion. You agree that a 30-day notice of feature changes sent by email is sufficient.
Unless agreed to by the Parties in Your electronically signed proposal, graphic design, copywriting, website hosting, and website performance (i.e., speed) optimization are excluded from these Purchased Services. PHP updates on custom-built websites, those sites not running an industry-standard WordPress framework, or sites running versions of PHP versions no longer supported by the broader WordPress community when the Purchased Services are acquired are excluded from these Purchased Services. If website hosting is included with Your specific proposal, White Peak’s Website Hosting Terms of Services are incorporated into this Agreement by reference.

3. Term Of Purchased Subscriptions.

This Agreement shall become effective as of the date You make Your first Subscription Fee Installment payment (the “Effective Date“) and shall continue for a period of one (1) month (the “Initial Subscription Term“) and will automatically be extended thereafter for successive one (1) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”), unless either Party terminates the Agreement as defined herein.

4. Payment For Purchased Services.

Unless otherwise agreed, Partner shall pay a “Subscription Fee” to White Peak equal to the amount agreed to in Your electronically accepted proposal and paid in one (1) equal installments (each installment a “Subscription Fee Installment”).
If You use all of Your allocated development hours in a given month, You may purchase additional development time in 30-minute increments. Unused development time does not roll over to future months. You agree to make payment in full by credit card or ACH (i.e., echeck), immediately upon receipt of a valid invoice.

5. Fees.

You will pay all fees specified in this Agreement. Except as otherwise specified, (i) fees are based on Purchased Services purchased and not actual usage, (ii) payment obligations are noncancelable, and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant Subscription Term.

6. Ongoing Payment Obligations.

You will provide White Peak with valid and updated credit card or bank account information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

7. Overdue Charges.

If a Subscription Fee Installment is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is higher.

8. Suspension Of Service And Acceleration.

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

9. Attorney’s Fees.

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

10. Payment Disputes.

We will not exercise Our rights related to overdue or past due charges if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. You have thirty (30) days from a payment due date to dispute any charge or payment processed by White Peak. Please contact us at growth@whitepeak.io if You are raising a dispute. This provision is not a promise to accept or agree with disputes filed.

11. Hold Harmless.

Partner acknowledges that White Peak has no control over the policies of search engines and/or social networks regarding the type of sites and/or content they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If a social network, search engine, or directory refuses to list Partner at any time, White Peak will not be held responsible.
Further, due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, We cannot guarantee a particular search position or advertisement position for any particular keyword, phrase, or search term.

12. Warranties Of Title.

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

13. Limited Warranty.

WE WILL MAINTAIN COMMERCIALLY REASONABLE TECHNICAL AND OPERATIONAL MEASURES DESIGNED TO PROTECT OUR INTERNAL NETWORKS AND YOUR WEBSITE FROM MALICIOUS ACTIVITY AND PROVIDE FOR THE SECURITY AND INTEGRITY THEREOF. IF YOU DO NOT HOST YOUR WEBSITE WITH US, SOME OF THESE MEASURES MAY BE LIMITED DUE TO LIMITATIONS PLACED ON US BY YOUR CHOICE OF HOSTING VENDORS. HOWEVER, THE WEB IS FULL OF “BAD ACTORS,” SO WE CAN NOT AND DO NOT GUARANTEE YOU THAT WE CAN SUCCESSFULLY PROTECT YOU FROM THEM ALL, REGARDLESS OF OUR EFFORTS.
THEREFORE, WHITE PEAK AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS (THE “COMPANY PARTIES”) DO NOT WARRANT THAT: (A) THE PURCHASED SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF YOUR WEBSITES; (B) THE PURCHASED SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PURCHASED SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THE RESULTS OF USING THE PURCHASED SERVICE WILL MEET YOUR REQUIREMENTS.
YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE PURCHASED SERVICE MEETS APPLICABLE REGULATORY STANDARDS AND OTHERWISE COMPLIES WITH YOUR OWN SECURITY REQUIREMENTS. THEREFORE, YOU ACCEPT ALL RESPONSIBILITY AND LIABILITY FOR MAINTAINING THE SECURITY OF YOUR WEBSITES (E.G., BY ONLY UPLOADING OR PROVIDING FOR UPLOAD SOFTWARE THAT HAS BEEN DEMONSTRATED TO BE SECURE, APPROVING THE INSTALLATION OF PATCHES, SOFTWARE UPDATES, AND PLUGINS, AND NOT SHARING PASSWORDS, ETC.).
THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU USE THE PURCHASED SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, WEBSITES, LOST PROFITS, OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PURCHASED SERVICE.
ADDITIONALLY, YOU ACKNOWLEDGE THAT IN NO EVENT WILL THE COMPANY PARTIES BE RESPONSIBLE FOR RESOLVING PROBLEMS WITH YOUR WEBSITE SHOULD A SECURITY ISSUE OCCUR, EVEN IF WHITE PEAK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ISSUES. WHITE PEAK WILL MAKE AN EFFORT TO RESOLVE SECURITY ISSUES, BUT WE DO NOT GUARANTEE A SUCCESSFUL RESOLUTION.
FURTHER, OUR OFFER OF THE PURCHASE SERVICES AND YOUR AGREEMENT TO USE THE PURCHASE SERVICES DOES NOT GUARANTEE THAT YOUR WEBSITE WILL NOT EXPERIENCE DOWNTIME OR BUGS OR THAT WE WILL BE ABLE TO RESOLVE AN ISSUE SHOULD ONE ARISE, AND YOU AGREE THAT WHITE PERAK WILL NOT BE HELD RESPONSIBLE IN THE EVENT OF DOWNTIME OR PROBLEMS WITH YOUR WEBSITE.

14. Limitation Of Liability.

IN NO EVENT SHALL COMPANY PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WHITE PEAK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WHITE PEAK’S TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15. Governing Law.

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

16. Assignment.

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

17. Termination.

THIS AGREEMENT MAY NOT BE TERMINATED FOR CONVENIENCE. EITHER PARTY MAY TERMINATE THIS AGREEMENT BY PROVIDING WRITTEN NOTICE OF TERMINATION TO THE OTHER PARTY AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF A SUBSCRIPTION TERM, AT WHICH POINT THE AGREEMENT WILL NOT RENEW BEYOND THE THEN-CURRENT SUBSCRIPTION TERM.

18. Severability.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

19. Entire Agreement.

THIS AGREEMENT, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF THE PURCHASED SERVICES IN SECTION 2 (PURCHASED SERVICES), SUPERSEDING AND REPLACING ANY AND ALL PRIOR AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS (BOTH WRITTEN AND ORAL) REGARDING SUCH SUBJECT MATTER. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL PREVAIL OVER ANY CONTRARY OR INCONSISTENT TERMS IN ANY PURCHASE ORDER. THIS AGREEMENT MAY ONLY BE MODIFIED BY MUTUAL AGREEMENT, EITHER THROUGH A WRITTEN AMENDMENT SIGNED BY BOTH PARTIES OR THROUGH THE PARTNER’S CONTINUED USE OF THE SERVICE AFTER THE AGREEMENT HAS BEEN UPDATED ON THE WHITE PEAK WEBSITE, FOLLOWING A 30-DAY NOTICE PERIOD. IF THE PARTNER DOES NOT AGREE TO THE UPDATED AGREEMENT, THE PARTNER MUST PROVIDE WRITTEN NOTICE OF TERMINATION WITHIN 30 DAYS OF BEING NOTIFIED OF THE UPDATED TERMS, AFTER WHICH THE AGREEMENT SHALL BE TERMINATED.

20. In Witness Whereof,

White Peak and You enter into this Agreement to be mutually bound by its terms. By electronically signing Our proposal for these Purchased Services You are accepting these Terms & Conditions (i.e., this Agreement), and You warrant and represent that You have the authority and capacity to bind the Partner.

To accept this Agreement, please provide Your electronic signature to the proposal We have sent You for these services or make Your first payment for Purchased Services. Either action will be considered acceptance of this Agreement.

Hosting Terms of Service

Updated: 3/14/2025

Use of our web hosting service constitutes your acceptance of these Terms of Service.

These Terms of Service (the “Agreement”) are an agreement between White Peak Growth Partners, LLC and its assigns and licensees (“White Peak” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of website hosting made available by White Peak (the “Services”).

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THE SERVICES, AND YOU SHOULD REMOVE YOUR WEBSITE FROM OUR HOSTING SERVERS IMMEDIATELY AND CANCEL YOUR HOSTING ACCOUNT WITH US, IF ONE EXISTS.

Additional Policies and Agreements

Use of the Services is also governed by the Hosting Acceptable Use Policy, which is incorporated by reference. By using the Services, you also agree to the terms of the following policies.

Account Eligibility

By registering for or using the Services, you represent and warrant that:

You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

You are responsible for providing accurate, current, and complete information on the registration forms, including an email address and phone number. If there is ever an abuse issue or we need to contact you, we will use the contact information we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times. If you need to verify or change your contact information, you should contact White Peak to update your contact information. Providing false contact information of any kind may result in the termination of your account.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

The Service and any data you provide to White Peak is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S., and you agree that our collection, use, storage, and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in the transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign-up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall White Peak be held liable for any lost or missing data or files resulting from a transfer to or from White Peak. You are solely responsible for backing up your data in all circumstances unless otherwise agreed to in writing.

White Peak Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “White Peak Content”), are the proprietary property of White Peak or White Peak’s licensors, vendors or partners. White Peak Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any White Peak Content. Any use of White Peak Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any White Peak Content. All rights to use White Peak Content that are not expressly granted in this Agreement are reserved by White Peak and White Peak’s licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to White Peak that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third-party.

Solely for purposes of providing the Services, you hereby grant to White Peak a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, White Peak does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.

White Peak exercises no control over and accepts no responsibility for, User Content or the content of any information passing through White Peak’s computers, network hubs, and points of presence or the Internet. White Peak does not monitor User Content. However, you acknowledge and agree that White Peak may, but is not obligated to, immediately take any corrective action in White Peak’s sole discretion, including without limitation, removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that White Peak shall have no liability due to any corrective action that White Peak may take.

Compliance with Applicable Law

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us and third parties around the world to assist us in providing the Services from offices within the United States and elsewhere and we make no representation that the Services are appropriate or available for use in any location other than the United States. Those who access the Services from locations outside the United States do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us (and by extension our vendors) and that you have the necessary permission to allow us (and by extension our vendors) to receive and process (e.g., store) such personal data on your behalf.

Third-party Products and Services

Third-party Providers

White Peak may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.

White Peak does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers. White Peak is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.

White Peak as Reseller or Licensor

White Peak may act as a reseller or licensor of certain third-party services, hardware, software, and equipment used in connection with the Services (“Non-White Peak Products”). White Peak shall not be responsible for any changes in the Services that cause any Non-White Peak Products to become obsolete, require modification or alteration, or otherwise, affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-White Peak Products, either sold, licensed, or provided by White Peak to you will not be deemed a breach of White Peak’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non-White Peak Product are limited to those rights extended to you by the manufacturer of such Non-White Peak Product. You are entitled to use any Non-White Peak Product supplied by White Peak only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-White Peak Product or to use it other than in connection with the Services. You shall not resell, transfer, export, or re-export any Non-White Peak Product, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.

Third-party Websites

The Services may contain links to other websites that are not owned or controlled by White Peak (“Third-party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third-party Content”). We are not responsible for any Third-party Sites or Third-party Content accessed through the Services. Third-party Sites and Third-party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third-party Sites or to access or use any Third-party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third-party’s terms and policies, including privacy and data-gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization, or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, White Peak also prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Account Security and White Peak Systems

We will maintain commercially reasonable technical and operational measures designed to protect our internal networks from malicious activity and provide for the security and integrity thereof. However, the web is full of “bad actors” so we cannot and do not guarantee you that we can successfully protect you from them all. THEREFORE, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR HARM SUFFERED BY YOU RESULTING FROM A SECURITY INCIDENT NOR ARE WE RESPONSIBLE FOR RESOLVING PROBLEMS WITH YOUR WEBSITE SHOULD A SECURITY ISSUE OCCUR. You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements. You agree to configure your use of the Services in such a way as to maintain the security of the Services and our network (e.g. by only uploading software that has been demonstrated to be secure, installing patches, and not sharing passwords).

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks, and network devices are provided only for authorized customer use. White Peak may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Should we determine that our network has been accessed in an unauthorized manner and that unauthorized access impacts your Services, we agree to notify you as soon as reasonably practicable after we have investigated the unauthorized access and fulfilled our legal obligations. Likewise, you agree to notify us should you identify unauthorized access to the Services.

Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. White Peak may, at our discretion, request documentation to prove that your access to a third-party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by White Peak of an issue, we reserve the right to leave access to services disabled.

White Peak reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

– HIPAA DISCLAIMER. WE ARE NOT “HIPAA COMPLIANT.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. White Peak does not control or monitor the information or data you store on or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement and grounds for immediate account termination. We do not sign “Business Associate Agreements,” and you agree that White Peak is not a Business Associate, subcontractor, or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact growth@whitepeak.io.

Compatibility with the Services

You agree to cooperate fully with White Peak in connection with White Peak’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, White Peak is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by White Peak to provide the Services, which may be changed by White Peak from time to time at our sole discretion.

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ALL USER CONTENT, INCLUDING BUT NOT LIMITED TO ANY USER WEBSITES. WHILE WHITE PEAK DOES BACK UP YOUR WEBSITE, WE DO NOT WARRANT THAT OUR BACKUP, WHICH IS AUTOMATED, WILL MEET YOUR NEEDS, AND YOU AGREE TO ACCEPT THE RISK OF LOSS OF ANY AND ALL USER CONTENT. AS OWNER OF THE WEBSITE, YOU MAY INITIATE YOUR OWN BACKUP AT ANY TIME, AT YOUR OWN DISCRETION.

Billing and Payment Information

Prepayment

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify White Peak of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to White Peak’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

ALL INVOICES FOR HOSTING SERVICES AND EVERY OTHER SERVICE PROVIDED TO YOU BY WHITE PEAK MUST BE PAID WITHIN FIFTEEN (15) DAYS OF THE INVOICE DUE DATE. ANY INVOICE, FOR ANY WHITE PEAK PROVIDED SERVICE, OF ANY TYPE, THAT IS OUTSTANDING FOR MORE THAN THIRTY-FIVE (35) DAYS MAY RESULT IN THE SUSPENSION OR TERMINATION OF THESE SERVICES (I.E. WEBSITE HOSTING) AND/OR ACCESS TO YOUR HOSTING ACCOUNT (I.E. CPANEL ACCESS AND/OR FTP ACCESS) AND/OR ADMINISTRATOR ACCESS TO THE WORDPRESS INSTALL THAT IS HOSTED ON OUR SERVERS. YOUR ACCESS WILL NOT BE RESTORED UNTIL PAST DUE PAYMENT FOR ANY AND ALL WHITE PEAK PROVIDED SERVICES HAS BEEN RECEIVED.

If you fail to pay the hosting fees due to White Peak, White Peak may pursue the collection costs incurred by White Peak, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. White Peak will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.

Domain Purchases

It is solely your responsibility to notify White Peak via email to growth@whitepeak.io after purchasing a domain. White Peak does not send domain renewal notices and White Peak is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. White Peak may report any such misuse or fraudulent use, as determined in White Peak’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

We will not exercise Our rights related to overdue or past due charges if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. You have thirty (30) days from a payment due date to dispute any charge or payment processed by White Peak. Please contact us at growth@whitepeak.io if you are raising a dispute. This provision is not a promise to accept or agree with disputes filed.

Payment Card Industry Security Standard Disclaimer

White Peak complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. WHITE PEAK DOES NOT MONITOR USER WEBSITES FOR PCI COMPLIANCE AND WE ARE NOT ABLE TO VERIFY WHETHER A USER WEBSITE COMPLIES WITH THE PCI STANDARD.

Money-Back Guarantee

WHITE PEAK DOES NOT OFFER A MONEY-BACK GUARANTEE FOR THE SERVICES.

Cancellations and Refunds

Refunds

No refunds will be provided.

Cancellation Process

You may terminate or cancel the Services by giving White Peak written notice via email to growth@whitepeak.io. In such an event, Cancellations will be effective on the account’s renewal date. (i.e., no partial month fees shall be refunded).

Once we receive your cancellation notice and have confirmed all necessary information with you by telephone, we will inform you in writing (typically by email) that your account has been canceled.

We require all cancellations to be done through our defined process to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Termination

White Peak may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due to White Peak; (ii) you violate this Agreement; (iii) your conduct may harm White Peak or others or cause White Peak or others to incur liability, as determined by White Peak in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, White Peak shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, White Peak may charge you for all fees due for the Services for the remaining portion of the then-current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth, and Disk Usage

Permitted CPU and Disk Usage

All use of hosting space provided by White Peak is subject to the terms of this Agreement and the Acceptable Use Policy.

Shared hosting space may only be used for web files, active email, and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. White Peak expressly reserves the right to review every shared account for excessive usage of CPU, disk space, and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. White Peak may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of White Peak’s terms and conditions.

Bandwidth Usage

Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee

If your shared server has a physical downtime that falls short of the 99% uptime guarantee, you may receive one (1) month of credit on your account, upon request. This uptime guarantee does not apply to planned maintenance or while updates are being made to your website. Approval of any credit is at the sole discretion of White Peak and may be dependent upon the justification provided. THIRD-PARTY MONITORING SERVICE REPORTS MAY NOT BE USED FOR JUSTIFICATION DUE TO A VARIETY OF FACTORS, INCLUDING THE MONITOR’S NETWORK CAPACITY/TRANSIT AVAILABILITY. The uptime of the server is defined as the reported uptime from the operating system and Our server(s), which may differ from the uptime reported by other individual services. To request a credit, please email growth@whitepeak.io to create a support ticket for our billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit.

No Resale Shared

Your account may not be used to resell web hosting to others.

Price Change

White Peak reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) day notice before charging you with any price change on any annual or longer-term plans. It is your sole responsibility to periodically review billing information provided by White Peak through the user billing tool or through other methods of communication, including notices sent or posted by White Peak.

Limitation of Liability

IN NO EVENT WILL WHITE PEAK, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WHITE PEAK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHITE PEAK’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WHITE PEAK FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend, and hold harmless White Peak, our affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third-party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by White Peak and will be held at the AAA location chosen by White Peak. Payment of all filing, administrative, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, White Peak will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and White Peak alone. Claims may not be joined or consolidated unless all parties agree to them in writing. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against White Peak in violation of this paragraph, you agree to pay White Peak’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

Independent Contractor

White Peak and User are independent contractors and nothing contained in this Agreement places White Peak and User in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Nevada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer

WHITE PEAK SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WHITE PEAK MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR THE SERVICES. WHITE PEAK DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, DELIVERY FAILURES, WRONG DELIVERIES, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WHITE PEAK OR OUR EMPLOYEES.

Backups and Data Loss

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. White Peak’s backup service runs only for sites with less than 20GB of User Content and only once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at White Peak’s sole discretion. White Peak does not maintain backups of accounts with 20GB or more of User Content so User must run their own backups. White Peak is not responsible for files and/or data residing on your account. EVEN THOUGH WE ARE PROVIDING THIS SERVICE AS A COURTESY TO YOU, YOU AGREE TO TAKE FULL RESPONSIBILITY FOR ALL FILES AND DATA TRANSFERRED AND TO MAINTAIN ALL APPROPRIATE BACKUP OF FILES AND DATA STORED ON WHITE PEAK’S SERVERS.

IF YOU ARE USING OUR HOSTING FOR YOUR EMAIL SERVICE, WE RECOMMEND THAT YOU RETAIN A COPY OF ALL OF YOUR MAILBOXES ON YOUR LOCAL DESKTOP. IF YOU RELY ON WEBMAIL EXCLUSIVELY FOR THE STORAGE OF YOUR EMAIL MAILBOX CONTENT, YOU DO SO AT YOUR OWN RISK, AND WE DO NOT PROVIDE ANY WARRANTY OR ASSURANCES THAT YOUR MAILBOX CONTENTS WILL BE RETAINED BY US. Any account using more than 20 gigs of disk space will be removed from our off-site weekly backup, with the exception of databases continuing to be backed up.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WHITE PEAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. WHITE PEAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WHITE PEAK AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

White Peak and our partners, vendors, and contractors may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement

THIS AGREEMENT, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, SUPERSEDES ALL PRIOR DISCUSSIONS, NEGOTIATIONS, AND AGREEMENTS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND THIS AGREEMENT CONSTITUTES THE SOLE AND ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE MATTERS COVERED HEREBY. THIS AGREEMENT MAY ONLY BE MODIFIED BY MUTUAL AGREEMENT, EITHER THROUGH A WRITTEN AMENDMENT SIGNED BY BOTH PARTIES OR THROUGH THE PARTNER’S CONTINUED USE OF THE SERVICE AFTER THE AGREEMENT HAS BEEN UPDATED ON OUR WEBSITE, FOLLOWING A 30-DAY NOTICE PERIOD. IF THE PARTNER DOES NOT AGREE TO THE UPDATED AGREEMENT, THE PARTNER MUST PROVIDE WRITTEN NOTICE OF TERMINATION WITHIN 30 DAYS OF BEING NOTIFIED OF THE UPDATED TERMS, AFTER WHICH THE AGREEMENT SHALL BE TERMINATED.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

White Peak may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the White Peak website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
White Peak reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or White Peak to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of White Peak. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. White Peak may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third-party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce the terms and conditions of this Agreement directly with respect to its products or services against the user as if it were a party to this Agreement.

Hosting Acceptable Use Policy

Updated: 3/14/2025

Use of our web hosting service constitutes your acceptance of this agreement.

This Acceptable Use Policy (“AUP”) governs your use of White Peak’s website hosting service (“Services”) and is incorporated by reference into White Peak’s Website Hosting Terms of Service (“Terms of Service”). Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. White Peak may modify this AUP at any time without notice.

The Services provided by White Peak may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. White Peak reserves the right to refuse service to anyone. Any material that, in our judgment, violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

Prohibited Uses

Infringement of Intellectual Property Rights

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed, or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email growth@whitepeak.io. For copyright infringement claims, White Peak follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

Using A Shared Account As A Backup/Storage Device

You may not use a shared hosting account as a backup/storage device except for one cPanel backup of the same account. Please do not take backups of your backups.

Unacceptable Material

Unacceptable material on our servers includes, without limitation:

• Topsites
• IRC Scripts/Bots
• IRCD (irc servers)
• Proxy Scripts/Anonymizers
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
• Anonymous or Bulk SMS Gateways
• Bitcoin Miners
• PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc.)

Child Pornography Prohibited

Content that is potentially harmful to minors, as determined in White Peak’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Other Prohibited Content

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Unacceptable Resource Usage

You may not:

• Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
• Run cron entries with intervals of less than fifteen (15) minutes.
• Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
• Force html to handle server-side code (like php and shtml) to help reduce usage.

Inodes

The use of more than two hundred and fifty thousand (250,000) inodes may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

Databases

You may not run any database queries longer than fifteen (15) seconds. cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from White Peak generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits, as set forth in Terms of Service, which may result in the Subscriber’s cPanel account being flagged for review and/or suspension.

Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.

Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

White Peak reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

White Peak reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

Defamation Policy

Websites hosted on White Peak’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, White Peak’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, White Peak is not a publisher of User content, and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

AUP Violations

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

If you feel you have discovered a violation of our AUP please report it to: growth@whitepeak.io.

SEO Terms & Conditions

Updated: 3/14/2025

Use of Our SEO services constitutes Your acceptance of these Terms & Conditions.

1. Introduction

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and its assigns and licensees, and the purchaser of Purchased Services (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors, together, the “Parties.”

2. Purchased Service

The SEO services You select (“Purchased Services”) in Your electronically signed proposal shall be provided by White Peak to Partner throughout the Subscription Term. Individual features (i.e., tactics, strategies, and deliverables) of the Purchased Services may be changed at any time, at Our sole discretion. This flexibility is important because Google and other search engines regularly change their ranking algorithms, and Your competitors and Your business are constantly changing. We want to ensure that We are providing Purchased Services that reflect the latest standards and ranking algorithms and meet the needs of the moment. A few general terms related to Purchase Services:

• Unless otherwise agreed, email being sufficient, blog posts that We write for You will be approximately 1,000 words in length. Sometimes We will exceed this number, and other times We’ll be a few words short, but approximately 1,000-word blog posts should be expected.
• Blog posts will include one featured image.
• Backlinks will be replaced if they fall off within 30 days.
• Performance optimization will be completed through the implementation of cloud-based performance optimization tools. We cannot guarantee that performance improvements will persist if You discontinue using the Purchased Services.
  Your Purchase Services do not have a minimum amount of committed “man-hours” from Us. Much of what We do is born out of years of experience, and We make use of this experience and available technology to scale the delivery of Purchase Services.
• Our edits to Your website content will be limited to SEO and readability edits. Unless otherwise agreed, email being sufficient, edits will be limited to 10% or less of the page content. Anything over 10% may be considered a page rewrite at Our sole discretion and subject to a separate charge or a replacement for blog posts or new website content.
• Edits to existing pages do not include page redesign. If Your current page design doesn’t accommodate the copy revisions, You agree to redesign the website at Your expense, or You may hire White Peak to complete the page redesign (i.e., layout change).

3. Term Of Purchased Subscriptions

This Agreement shall become effective as of the date You make Your first Subscription Fee Installment payment (the “Effective Date“) and shall continue for a period of six (6) months (the “Initial Subscription Term“) and will automatically be extended thereafter for successive six (6) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”), unless either Party terminates the Agreement as defined herein.

4. Payment For Purchased Services

Unless otherwise modified by an amendment to this Agreement that has been signed by the Parties, Partner shall pay a “Subscription Fee” to White Peak equal to the price of the Purchased Services detailed on the electronically accepted proposal. For Your convenience, the Subscription Fee may be paid in six payment installments. Each installment is a “Subscription Fee Installment.” You shall pay the first Subscription Fee Installment online via ACH or Credit Card once You have accepted this Agreement. A three percent (3%) transaction fee will be added for Credit Card transactions. If You do not agree to be bound by this Agreement, do not electronically sign our proposal and do not provide us with Your Payment Method.

5. Fees

You will pay all fees specified in this Agreement. Except as otherwise specified, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are noncancelable, and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant Subscription Term.

6. SEO Guarantee

We firmly believe responsibility and accountability need to rest in the same place. Therefore, White Peak’s SEO Guarantee is only valid if White Peak and White Peak alone has Administrator access to Your website. White Peak cannot and will not guarantee the results of an SEO campaign unless We can be certain that We are the only one making changes and edits to Your website.

How Our Guarantee Works: If We don’t improve Your Google search performance over a given calendar month, (i) a month will be added to the end of the current Term, (ii) Your next, regular scheduled Subscription Fee Installment payment that has not been already collected will be delayed by one month, and (iii) the full Subscription Fee will still be paid by the end of the Term. “Improve Your Google search performance over a given calendar month” is defined as any one of the following: (i) an increase in the total number of Google organic search impressions Your website received or (ii) an increase in the total number of unique keywords Your website ranked on page one of Google, or (iii) a net ranking gain (the aggregate) of all Your targeted keywords, or (iv) an increase in the organic website traffic coming to Your website, or (v) an increase in Your Google Business Profile interactions, or (vi) an increase in Your organic conversions tracked by Google Analytics.

The Partner voids this SEO Guarantee if the Partner does not accept Our SEO recommendations or if anyone other than White Peak makes changes or edits to Your website during the Term. White Peak recommendations may include but are not limited to White Peak’s keyword recommendations, content recommendations, the inclusion of primary and secondary keywords within the website and blog’s content, recommended changes to the website architecture, internal linking, and page structure. We know what We’re doing, and that’s why You’re hiring Us. If You want Us to guarantee Our results, You need to let Us do what We were hired to do — improve Your Google search performance.

7. Ongoing Payment Obligations

You will provide White Peak with bank account information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

If You prefer to pay by credit card or debit card, You may do so as an alternative Payment Method provided that You agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

8. Overdue Charges

If a Subscription Fee Installment is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is higher.

9. Suspension Of Service And Acceleration

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

10. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

11. Payment/Invoice Disputes

We will not exercise Our rights under Section 8 (Overdue Charges) or 9 (Suspension of Service and Acceleration) above if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. You have thirty (30) days from a payment due date to dispute any charge or payment processed by White Peak. Please contact us at growth@whitepeak.io if You are raising a dispute. This provision is not a promise to accept or agree with disputes filed.

12. Hold Harmless

Partner acknowledges and agrees White Peak has no control over the policies of search engines and/or social networks regarding the type of sites and/or content they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If a social network, search engine, or directory refuses to list Partner at any time, White Peak will not be held responsible.

Further, due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, We cannot guarantee a particular search position or advertisement position for any particular keyword, phrase, or search term.

13. Warranties Of Title

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

14. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

15. Assignment

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

16. Termination

This Agreement may not be terminated for convenience. Either Party may terminate this Agreement by providing written notice of termination to the other Party at least sixty (60) days prior to the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

17. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

18. Entire Agreement

THIS AGREEMENT, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF THE PURCHASED SERVICES IN SECTION 2 (PURCHASED SERVICES), SUPERSEDING AND REPLACING ANY AND ALL PRIOR AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS (BOTH WRITTEN AND ORAL) REGARDING SUCH SUBJECT MATTER. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL PREVAIL OVER ANY CONTRARY OR INCONSISTENT TERMS IN ANY PURCHASE ORDER. THIS AGREEMENT MAY ONLY BE MODIFIED BY MUTUAL AGREEMENT, EITHER THROUGH A WRITTEN AMENDMENT SIGNED BY BOTH PARTIES OR THROUGH THE PARTNER’S CONTINUED USE OF THE SERVICE AFTER THE AGREEMENT HAS BEEN UPDATED ON OUR WEBSITE, FOLLOWING A 30-DAY NOTICE PERIOD. IF THE PARTNER DOES NOT AGREE TO THE UPDATED AGREEMENT, THE PARTNER MUST PROVIDE WRITTEN NOTICE OF TERMINATION WITHIN 30 DAYS OF BEING NOTIFIED OF THE UPDATED TERMS, AFTER WHICH THE AGREEMENT SHALL BE TERMINATED.

19. In Witness Whereof,

White Peak and You enter into this Agreement to be mutually bound by its terms. By accepting these Terms & Conditions (i.e., this Agreement), You warrant and represent that You have the authority and capacity to bind the Partner.

PPC Management Terms & Conditions

Updated: 3/14/2025

Hiring White Peak for our PPC Management services (regardless of the platforms) constitutes your full agreement and acceptance of these Terms and Conditions.

1. Introduction

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and the entity listed as the Company in the above form (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors.

2. Purchased Service

The PPC Management services selected by You (“Purchased Services”) shall be provided by White Peak to Partner throughout the Subscription Term. The Purchased Services include the research, planning, development of ad creative, and campaign buildout as part of the initial setup process. Following Your campaign kickoff call, this setup process typically takes 7-14 business days to complete, depending on the complexity of the campaign and Your responsiveness to any questions. The campaign will not be active on the advertising platform(s) until the setup process is finalized.

Once the campaign is active, the Purchased Services include the execution and ongoing optimization of digital advertising campaigns across search engines and other online platforms, utilizing the latest available technology to enhance precision and efficiency. This includes audience targeting, bid management, and ad placement. Performance tracking and data analysis are conducted to monitor key metrics, assess campaign effectiveness, and make necessary adjustments. Budget allocation and cost control measures are implemented to maintain financial efficiency. Regular reporting provides insights into campaign performance and informs strategic decision-making.

3. Term Of Purchased Subscriptions

This Agreement shall become effective as of the date You make Your first Subscription Fee Installment payment (the “Effective Date“) and shall continue for a total of three months (the “Initial Subscription Term“) and will automatically be extended on a month-to-month basis (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”) unless either Party terminates the Agreement as defined herein. YOU ARE COMMITTING TO PAY THE FULL SUBSCRIPTION FEE, DEFINED BELOW. THIS ENSURES WE HAVE SUFFICIENT TIME (90 DAYS) TO OPTIMIZE YOUR CAMPAIGN FOR SUCCESS. IF YOU PAUSE YOUR CAMPAIGN OR DESIRE TO TERMINATE YOUR RELATIONSHIP WITH US PRIOR TO THE INITIAL SUBSCRIPTION TERM, YOU WILL BE FULLY RESPONSIBLE FOR THE FULL SUBSCRIPTION FEE. DO NOT PURCHASE OUR PPC MANAGEMENT SERVICES IF YOU DO NOT AGREE TO THIS THREE-MONTH INITIAL SUBSCRIPTION TERM.

4. Payment For Purchased Services

Unless otherwise modified by a written amendment to this Agreement that the Parties have signed, Partner shall pay a “Subscription Fee” to White Peak equal to the amount listed below:

• Minimum Ongoing Management & Optimization Fee: (monthly ad spend under management up to $2,500 per month): $1500.00 paid in three (3) equal installments of $500.00 per month
• Overage: If your monthly ad spend exceeds $2,500, Your monthly fee will be adjusted to 20% of ad spend instead of your regularly scheduled installment of $500. Adjustments shall be made in arrears.

Each installment above is a “Subscription Fee Installment”. You shall pay the first Subscription Fee Installment online via credit or debit card or ACH once you have accepted this Agreement. If you pay by credit or debit card, you may do so if you agree to pay a 3% surcharge.

There is also a one-time set-up fee; details shall be outlined in your electronically accepted proposal (which is incorporated as part of this Agreement by reference) associated with your purchase. The set-up fee must be paid before work begins on the campaign. Additionally, various Optional Add-on Services may have been purchased by you. If such is the case, those services will be charged according to the fee schedule outlined in your electronically accepted proposal.

Google Ads and other advertising platforms will charge you directly for Your advertising fees on their respective channels.

5. Fees

You will pay all fees specified in this Agreement. Payment obligations are noncancelable, and fees paid are non-refundable.

6. Ongoing Payment Obligations

You will provide White Peak with a bank account, credit card, or debit card information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

7. Overdue Charges

If we do not receive a Subscription Fee Installment payment by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher.

8. Suspension Of Service

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, suspend Our services to You until such amounts are paid in full. In the event that such a suspension of services occurs during the Initial Term, you agree that you will still be responsible for paying the full Subscription Fee for the Initial Term.

9. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

10. Payment Disputes

We will not exercise Our rights under Section 7 (Overdue Charges) or 8 (Suspension of Service) above if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

11. Hold Harmless

Partner acknowledges and agrees White Peak has no control over the policies of search engines and/or social networks with respect to the type of sites and/or content that they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If at any time a social network, search engine or directory refuses to list Partner, White Peak will not be held responsible.

FURTHER, DUE TO THE COMPETITIVENESS OF SOME KEYWORDS/PHRASES, ONGOING CHANGES IN SEARCH ENGINE RANKING ALGORITHMS, AND OTHER COMPETITIVE FACTORS, WE CANNOT GUARANTEE A PARTICULAR SEARCH POSITION OR ADVERTISEMENT POSITION FOR ANY PARTICULAR KEYWORD, PHRASE, OR SEARCH TERM. ADDITIONALLY, YOU UNDERSTAND THAT DUE TO THE COMPETITIVE NATURE OF ONLINE ADVERTISING AND COMPETING FOR CUSTOMERS ONLINE AND VARIOUS OTHER FACTORS, WE CANNOT AND DO NOT GUARANTEE ANY SPECIFIC CAMPAIGN RESULTS AND YOUR OBLIGATIONS, SPECIFICALLY RELATED TO PAYMENT OF FEES, SHALL NOT BE IMPACTED BY THE RESULTS OF YOUR CAMPAIGN.

12. Warranties Of Title

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

13. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

14. Assignment

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

15. Termination

This Agreement may not be terminated for convenience. Either Party may terminate this Agreement by providing written notice of termination to the other Party at least seven (7) days prior to the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

16. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

17. Entire Agreement

THIS AGREEMENT, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THE PURCHASED SERVICES DESCRIBED IN SECTION 2 (PURCHASED SERVICES), SUPERSEDING AND REPLACING ANY AND ALL PRIOR AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS (BOTH WRITTEN AND ORAL) REGARDING SUCH SUBJECT MATTER. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL PREVAIL OVER ANY CONTRARY OR INCONSISTENT TERMS IN ANY COMMUNICATIONS. THIS AGREEMENT MAY ONLY BE MODIFIED BY MUTUAL AGREEMENT, EITHER THROUGH A WRITTEN AMENDMENT SIGNED BY BOTH PARTIES OR THROUGH THE PARTNER’S CONTINUED USE OF THE SERVICE AFTER THE AGREEMENT HAS BEEN UPDATED ON OUR WEBSITE, FOLLOWING A 30-DAY NOTICE PERIOD. IF THE PARTNER DOES NOT AGREE TO THE UPDATED AGREEMENT, THE PARTNER MUST PROVIDE WRITTEN NOTICE OF TERMINATION WITHIN 30 DAYS OF BEING NOTIFIED OF THE UPDATED TERMS, AFTER WHICH THE AGREEMENT SHALL BE TERMINATED.

18. In Witness Whereof,

White Peak and You enter into this Agreement to be mutually bound by its terms. By accepting these Terms & Conditions (i.e., this Agreement), You warrant and represent that You have the authority and capacity to bind the Partner.

Growth-as-a-Service Terms & Conditions

Updated: 3/14/2025

Use of our digital marketing consulting services constitutes Your acceptance of these Terms & Conditions.

1. Introduction

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and its assigns and licensees and You (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors. This Agreement sets forth the terms and conditions of Partner’s use of White Peak’s Growth-as-a-Service service (hereinafter “Growth-as-a-Service”).

If You do not agree to be bound by this Agreement, do not electronically sign our proposal and do not provide Us with Your Payment Method.

2. Term Of Purchased Subscriptions

Unless otherwise agreed to in writing, this Agreement shall become effective as of the date You accept these terms (the “Effective Date“) and shall continue for a period of six (6) months (the “Initial Subscription Term“) and will automatically be extended thereafter for successive one (1) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”), unless either Party terminates the Agreement as defined herein.

3. Purchased Service

The Growth-as-a-Service services selected by You (“Purchased Services”) in Your electronically signed proposal, incorporated herein by reference, shall be provided by White Peak to Partner throughout the Subscription Term. The parties may amend the Purchase Services in writing at any time by mutual agreement.

4. Payment For Purchased Services

Unless otherwise modified by an amendment to this Agreement that has been signed by the Parties, Partner shall pay a monthly payment to White Peak equal to the price of the Purchased Services detailed on the electronically accepted proposal, each payment a “Subscription Fee Installment.” You shall pay the first Subscription Fee Installment online via ACH or credit card once You have accepted this Agreement.

If You prefer to pay by credit card or debit card, You may do so as an alternative Payment Method provided that You agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

5. Fees

You will pay all fees specified in Your electronically signed proposal, which is incorporated into this Agreement, by reference. Except as otherwise specified, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are noncancelable, and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant Subscription Term unless agreed to in writing.

6. Ongoing Payment Obligations

You will provide White Peak with bank account or credit card information (a “Payment Method”) to be kept on file by White Peak. You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
If actual usage charges are applicable to Your engagement, they will be invoiced in arrears on the last day of each month, and they are due payable by the fifteenth of the following month.

If You prefer to pay by credit card or debit card, You may do so as an alternative Payment Method provided that You agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

7. Overdue Charges

If a Subscription Fee Installment is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is higher.

8. Suspension Of Service And Acceleration

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

9. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

10. Payment Disputes

We will not exercise Our rights related to overdue or past due charges if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. You have thirty (30) days from a payment due date to dispute any charge or payment processed by White Peak. Please contact Us at growth@whitepeak.io if You are raising a dispute. This provision is not a promise to accept or agree with disputes filed.

11. Hold Harmless

Partner acknowledges and agrees White Peak has no control over the policies of search engines and/or social networks with respect to the type of sites and/or content that they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If a social network, search engine, or directory refuses to list Partner at any time, White Peak will not be held responsible.
Further, due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, We cannot guarantee a particular search position or advertisement position for any particular keyword, phrase, or search term.

12. Warranties Of Title

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

13. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

14. Assignment

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

15. Termination

This Agreement may not be terminated for convenience. Either Party may terminate this Agreement by providing written notice of termination to the other Party at least thirty (30) days prior to the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

16. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

17. Entire Agreement

THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF THE PURCHASED SERVICES IN SECTION 3 (PURCHASED SERVICES), SUPERSEDING AND REPLACING ANY AND ALL PRIOR AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS (BOTH WRITTEN AND ORAL) REGARDING SUCH SUBJECT MATTER. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL PREVAIL OVER ANY CONTRARY OR INCONSISTENT TERMS IN ANY PURCHASE ORDER. THIS AGREEMENT MAY ONLY BE MODIFIED BY MUTUAL AGREEMENT, EITHER THROUGH A WRITTEN AMENDMENT SIGNED BY BOTH PARTIES OR THROUGH THE PARTNER’S CONTINUED USE OF THE SERVICE AFTER THE AGREEMENT HAS BEEN UPDATED ON THE WHITE PEAK WEBSITE, FOLLOWING A 30-DAY NOTICE PERIOD. IF THE PARTNER DOES NOT AGREE TO THE UPDATED AGREEMENT, THE PARTNER MUST PROVIDE WRITTEN NOTICE OF TERMINATION WITHIN 30 DAYS OF BEING NOTIFIED OF THE UPDATED TERMS, AFTER WHICH THE AGREEMENT SHALL BE TERMINATED.

18. In Witness Whereof,

White Peak and You enter into this Agreement to be mutually bound by its terms. By signing Your electronic proposal for the Purchases Services referenced herein, You are accepting these Terms & Conditions (i.e., this Agreement) and that You warrant and represent that You have the authority and capacity to bind the Partner.

Social Media Advertising Terms & Conditions

Updated: 3/14/2025

Use of our social media advertising management services constitutes Your acceptance of these Terms & Conditions.

1. Introduction

The terms and conditions set forth herein constitute the full and complete Agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and its assigns and licensees and you (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors. This Agreement sets forth the terms and conditions of Partner’s use of White Peak’s Social Media Marketing service (hereinafter “Social Media Advertising”).

2. Term of Purchased Services

This Agreement shall become effective as of the date You accept these terms (the “Effective Date“) and shall continue for three (3) months (the “Initial Subscription Term“) and will automatically be extended thereafter for successive one (1) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”) unless either Party terminates the Agreement as defined herein.

3. Purchased Services

The Social Media Advertising services package selected by You (“Purchased Services”) in your electronically signed proposal shall be provided by White Peak to Partner throughout the Subscription Term. The parties may amend the Purchase Services in writing at any time by mutual Agreement.

4. Payment For Purchased Service

Unless otherwise modified by a written amendment to this Agreement that has been signed by the Parties, Partner shall pay a “Subscription Fee” to White Peak equal to the amount listed below based on the Purchased Services You selected:

Minimum Ongoing Management & Optimization Fee (monthly ad spend under management up to $3,750 per month): $2,250.00 paid in three (3) equal installments of $750.00 per month
Overage: If your monthly ad spend exceeds $3,750, Your monthly fee will be adjusted to 20% of ad spend instead of your regularly scheduled installment of $750. Adjustments shall be made in arrears.

Each installment above is a “Subscription Fee Installment. You shall pay the first Subscription Fee Installment online via credit card only once you have accepted this Agreement.
There is also a one-time set-up fee; details shall be outlined in your electronically accepted proposal (which is incorporated into this Agreement as part of these terms and conditions by reference) associated with your purchase, and that will be paid before work begins on the campaign. Additionally, various Optional Add-on Services may have been purchased by you. If such is the case, those services will be charged according to the fee schedule outlined in your electronically accepted proposal.
Social Media Platforms will charge you directly for Your advertising fees on their respective channels.

5. Fees

You will pay all fees specified in this Agreement. Except as otherwise specified, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are noncancelable and fees paid are non-refundable, (iii) quantities purchased cannot be decreased during the relevant Subscription Term, and (iv) advertising fees which must be paid by Partner directly to the advertising channel are separate from the Subscription Fee Installments that Partner shall pay to White Peak.

6. Ongoing Payment Obligations

You will provide White Peak with a bank account, credit card, or debit card information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
If you prefer to pay by credit card or debit card, you may do so as an alternative Payment Method provided that you agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

7. Overdue Charges

If we do not receive a Subscription Fee Installment by the due date, without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher.

8. Suspension of Service and Acceleration

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

9. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

10. Payment Disputes

We will not exercise Our rights under Section 7 (Overdue Charges) or 8 (Suspension of Service and Acceleration) above if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

11. Hold Harmless

Partner acknowledges and agrees that White Peak has no control over the policies of search engines and/or social networks concerning the type of sites and/or content they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If at any time a social network, search engine, or directory refuses to list Partner, White Peak will not be held responsible.

Further, due to the competitiveness of some of the market, ongoing changes in social media algorithms, and other competitive factors, We cannot guarantee a particular advertisement outcome, or even acceptance of ads, for any particular content.

12. Warranties of Title

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

13. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

14. Assignment

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

15. Termination

This Agreement may not be terminated for convenience. However, either Party may terminate this Agreement by providing written notice of termination to the other Party at least thirty (30) days before the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

16. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

17. Entire Agreement

This Agreement is the complete and exclusive Agreement between the Parties concerning the subject matter hereof, the Purchased Services in Section 3 (Purchased Service), superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified or any rights under it waived by a written document executed by both Parties.

18. IN WITNESS WHEREOF,

White Peak and You enter into this Agreement with the intent of being mutually bound by its terms. By accepting these Terms & Conditions (i.e., this Agreement), You warrant and represent that You have the authority and capacity to bind the Partner.

Social Media Management Terms & Conditions

Updated: 3/14/2025

Hiring White Peak for our Social Media Management service (regardless of the platforms) constitutes your full agreement and acceptance of these Terms and Conditions.

1. Introduction

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and its assigns and licensees and you, (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors. This Agreement sets forth the terms and conditions of Partner’s use of White Peak’s Social Media Marketing service (hereinafter “Social Media Management”).

2. Term of Purchased Service

This Agreement shall become effective as of the date You accept these terms (the “Effective Date“) and shall continue for a period of six (6) months (the “Initial Subscription Term“) and will automatically be extended thereafter for successive one (1) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”), unless either Party terminates the Agreement as defined herein.

3. Purchased Service

The Social Media Management services package selected by You (“Purchased Services”) in your electronically signed proposal shall be provided by White Peak to Partner throughout the Subscription Term. The parties may amend the Purchase Services in writing at any time by mutual agreement.

4. Payment for Purchased Services

Unless otherwise modified by an amendment to this Agreement that has been signed by the Parties, the Partner shall pay a monthly payment to White Peak equal to the price of the Purchased Services detailed on the electronically accepted proposal, each payment a “Subscription Fee Installment.” You shall pay the first Subscription Fee Installment via ACH, credit card, or debit card once you have accepted this Agreement. If You do not agree to be bound by this Agreement, do not electronically sign our proposal and do not provide us with Your Payment Method.

5. Fees

You will pay all fees specified in this Agreement. Except as otherwise specified, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are noncancelable and fees paid are non-refundable, (iii) quantities purchased cannot be decreased during the relevant Subscription Term, and (iv) any advertising fees which must be paid by Partner directly to the advertising channel (e.g. Facebook boosts) are separate from the Subscription Fee Installments that Partner shall pay to White Peak.

6. Ongoing Payment Obligations

You will provide White Peak with a bank account, credit card, or debit card information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

If you prefer to pay by credit card or debit card, you may do so provided that you agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

7. Overdue Charges

If we do not receive a Subscription Fee Installment by the due date, without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is higher.

8. Suspension of Service and Acceleration

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

9. Attorney’s Fees

If either Party breaches any term, covenant, or condition of this Agreement, each Party shall be responsible for its own attorney’s fees and expenses incurred in enforcing or defending its rights under this Agreement, regardless of the outcome of any dispute.

10. Payment Disputes

We will not exercise Our rights under Section 7 (Overdue Charges) or 8 (Suspension of Service and Acceleration) above if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

11. Hold Harmless

Partner acknowledges and agrees White Peak has no control over the policies of search engines and/or social networks with respect to the type of sites and/or content that they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If at any time a social network, search engine, or directory refuses to list Partner, White Peak will not be held responsible.

Further, due to ongoing changes in social media algorithms, and other competitive factors, We cannot guarantee a particular level of visibility for any particular content.

12. Warranties of Title

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

13. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

14. Assignment

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

15. Termination

This Agreement may not be terminated for convenience. Either Party may terminate this Agreement by providing written notice of termination to the other Party at least thirty (30) days prior to the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

16. Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instances, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

17. Entire Agreement

This Agreement is the complete and exclusive agreement between the Parties with respect to the subject matter hereof the Purchased Services in Section 3 (Purchased Service), superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both Parties.

18. IN WITNESS WHEREOF,

White Peak and You enter into this Agreement with the intent of being mutually bound by its terms. By accepting these Terms & Conditions (i.e., this Agreement), You warrant and represent that You have the authority and capacity to bind the Partner.