TERMS OF SERVICE
Last Updated: August 31, 2026
These Terms of Service (“Terms”) govern your access to and use of https://mindfulmarketing.biz/ and other websites or online resources operated by Trileaf Designs LLC, doing business as Mindful Marketing (“Mindful Marketing,” “we,” “us,” or “our”), that link to these Terms.
By accessing or using the website, you agree to these Terms. If you do not agree, please discontinue use of the website.
1. Website Purpose
Mindful Marketing provides marketing, consulting, strategy, creative, digital, technology-related, and related professional services primarily to businesses and individuals pursuing legitimate business activities.
The website provides information about Mindful Marketing and its services and may include articles, educational resources, case studies, testimonials, tools, and other informational materials.
Website content is provided for general informational and educational purposes and does not, by itself, create a consulting, agency, fiduciary, professional, or other client relationship.
2. Client Engagements
A client relationship with Mindful Marketing is established only when the parties enter into an applicable written proposal, statement of work, service agreement, or other written engagement agreement.
Specific client engagements may have separate terms governing matters such as scope, deliverables, fees, payment, project responsibilities, intellectual property, confidentiality, cancellation, and termination.
If these website Terms conflict with an executed written client agreement regarding a particular client engagement, the specific written client agreement will control with respect to that engagement.
3. Eligibility and Business Use
Mindful Marketing’s services and website inquiry functionality are intended for adults.
You must be at least 18 years old to enter into a service engagement with Mindful Marketing through your own authority.
Although website content may be viewable by younger individuals, our services are not directed to children.
4. Intellectual Property
Unless otherwise indicated, the website and original materials made available through it—including text, website copy, articles, graphics, logos, designs, layouts, photographs, videos, marketing frameworks, methodologies, educational resources, checklists, reports, downloads, and other original content—are owned by or licensed to Mindful Marketing and are protected by applicable intellectual-property laws.
“Mindful Marketing,” associated branding, logos, trade names, service identifiers, and other brand elements may also be protected by applicable trademark, unfair competition, or other laws whether or not federally registered.
You may access and view website content for your own lawful informational purposes.
Except as permitted by applicable law, you may not copy, reproduce, republish, distribute, modify, sell, license, commercially exploit, create derivative works from, or otherwise reuse Mindful Marketing’s protected materials without prior written permission.
Nothing in these Terms restricts rights that cannot legally be restricted, including applicable fair-use rights.
You may link to publicly accessible pages of our website in good faith, provided the link does not falsely suggest sponsorship, endorsement, partnership, affiliation, or approval by Mindful Marketing.
Requests for permission to use Mindful Marketing content may be sent to [email protected].
5. Acceptable Use
You agree not to use the website to:
- Violate applicable law
- Infringe intellectual-property or other rights
- Attempt unauthorized access to the website, servers, accounts, or systems
- Introduce malicious software or harmful code
- Interfere with website security or operation
- Scrape or systematically extract protected website content for unauthorized commercial purposes
- Misrepresent your identity or affiliation
- Use the website to facilitate fraud, abuse, harassment, or unlawful activity
- Circumvent technical measures intended to protect the website or its content
We may restrict access where reasonably necessary to protect the website, our rights, or other users.
6. Informational Content and No Professional Advice
Website content may address marketing, advertising, branding, technology, artificial intelligence, analytics, business operations, search optimization, customer experience, or other business topics.
This information is general educational information and should not be treated as legal, accounting, tax, medical, investment, cybersecurity, or other regulated professional advice.
You are responsible for obtaining appropriate professional advice for your particular circumstances.
7. No Guarantee of Marketing or Business Results
Marketing and business outcomes depend on numerous factors outside Mindful Marketing’s control.
Mindful Marketing does not guarantee any particular:
- Search-engine ranking
- AI-search placement, citation, recommendation, or visibility
- Website traffic level
- Lead volume
- Conversion rate
- Advertising performance
- Cost per lead or acquisition
- Social-media reach or growth
- Sales volume
- Revenue or profit
- Return on investment
- Customer acquisition or retention result
- Business outcome
Strategies, projections, forecasts, estimates, recommendations, benchmarks, case studies, and past performance are not guarantees of future results.
Third-party platforms, algorithms, advertising systems, search engines, AI systems, market conditions, competitors, user behavior, client implementation, budgets, and other factors may affect results.
8. Artificial Intelligence
Mindful Marketing may use artificial intelligence and AI-assisted technologies as tools within its business and client work, including for research, brainstorming, analysis, drafting, summarization, workflow assistance, marketing strategy, and meeting documentation.
AI does not replace Mindful Marketing’s professional judgment.
AI-assisted client-facing work and publicly published AI-assisted work is reviewed by a human before delivery or publication.
AI systems can produce incomplete, inaccurate, outdated, or inappropriate output. Mindful Marketing therefore evaluates AI-assisted material within the context of the applicable project before using it as client-facing work.
Mindful Marketing takes steps intended to protect confidential and sensitive information when using AI-assisted technologies and considers privacy and security in its selection and use of technology providers.
No representation is made that any AI system, search platform, or third-party technology will produce a particular result.
9. Third-Party Platforms and Services
Mindful Marketing’s website and services may reference, link to, integrate with, or depend on third-party platforms, including search engines, advertising networks, analytics services, social media platforms, website platforms, software providers, AI providers, scheduling services, payment processors, and other technology companies.
Third-party platforms are independently operated and may change their functionality, pricing, policies, algorithms, availability, or terms without Mindful Marketing’s control.
Mindful Marketing is not responsible for the independent acts, omissions, security, availability, content, policies, or services of third parties.
A reference or link to a third party does not automatically constitute an endorsement.
10. Advertising Management and Third-Party Spend
Where Mindful Marketing provides advertising-management services, Mindful Marketing’s management or service fees are separate from the advertising or media spend charged by advertising platforms unless an applicable written client agreement expressly provides otherwise.
Clients are generally responsible for paying advertising platforms or other third-party media providers directly for advertising spend.
Mindful Marketing does not guarantee the performance, availability, pricing, placement, or results of advertisements administered by third-party platforms.
11. Payments
The public website does not currently provide a general online checkout for Mindful Marketing’s consulting and marketing services.
Client fees are established through applicable proposals, service agreements, invoices, or other written arrangements.
Invoices and payments may be administered through third-party services such as QuickBooks, Stripe, or other payment providers.
Payment terms for a specific client engagement are governed by the applicable written client agreement and invoice.
12. Testimonials, Reviews, and Case Studies
Testimonials and case studies displayed by Mindful Marketing are intended to reflect genuine experiences or engagements.
Individual experiences and results vary. A testimonial, example, or case study does not guarantee that another client will achieve the same or similar outcome.
Mindful Marketing will not knowingly publish fake or materially misleading testimonials or reviews.
Where a testimonial, endorsement, or review involves compensation, an incentive, or another material connection requiring disclosure, Mindful Marketing will endeavor to provide appropriate disclosure as required by applicable law.
Submitting positive feedback privately does not automatically grant Mindful Marketing an unrestricted right to publish your identity, company name, logo, or confidential information. Appropriate permission will be obtained when necessary for identifiable marketing use.
Mindful Marketing may use anonymized or generalized examples when doing so does not improperly reveal confidential or identifying client information.
13. Client Systems, Accounts, and Information
Where a client authorizes Mindful Marketing to access websites, analytics accounts, advertising accounts, CRM systems, social media accounts, software platforms, or other systems, the client represents that it has authority to provide the access necessary for the agreed services.
Clients remain responsible for the lawfulness and accuracy of information and instructions they provide and for maintaining appropriate rights, permissions, notices, and consents relating to their systems and data.
Clients should not provide protected health information or other specially regulated information unless Mindful Marketing has expressly agreed to process it and any required contractual and security arrangements are in place.
Additional confidentiality, security, privacy, and data-processing requirements may be governed by the applicable client agreement, business associate agreement, data-processing agreement, or other written arrangement.
14. Accessibility
Mindful Marketing is committed to improving access to its website and digital content for people with disabilities.
Information about our accessibility efforts and how to request assistance is available in our Accessibility Statement.
15. Website Availability and Changes
We may modify, update, suspend, remove, or discontinue website content or functionality at any time.
We do not guarantee that the website will always be available, uninterrupted, secure, error-free, or free of harmful components.
We may correct typographical errors, inaccuracies, omissions, or outdated information without prior notice.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND GENERAL WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MINDFUL MARKETING DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LEGALLY BE EXCLUDED.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDFUL MARKETING AND ITS OWNERS, OFFICERS, CONTRACTORS, CONSULTANTS, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE PUBLIC WEBSITE OR RELIANCE ON GENERAL WEBSITE CONTENT.
FOR CLAIMS ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE AND NOT FROM A SEPARATE CLIENT ENGAGEMENT, MINDFUL MARKETING’S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT, IF ANY, YOU PAID MINDFUL MARKETING SPECIFICALLY FOR THE WEBSITE USE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS PRECEDING THE EVENT OR $100.
LIMITATIONS APPLICABLE TO PAID CLIENT SERVICES MAY INSTEAD BE GOVERNED BY THE APPLICABLE WRITTEN CLIENT AGREEMENT.
THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Mindful Marketing and its owners, officers, contractors, consultants, representatives, and agents from third-party claims, liabilities, losses, damages, and reasonable costs arising from your unlawful misuse of the website, violation of these Terms, or infringement of another person’s rights.
This website provision does not replace any indemnification provision contained in an applicable client agreement.
19. Dispute Resolution
Informal Resolution
Before initiating formal proceedings concerning a dispute arising from these Terms or use of the website, the parties agree to make a good-faith attempt to resolve the dispute informally for at least 30 days after written notice of the dispute.
Notice to Mindful Marketing may be sent to [email protected] and to the mailing address provided below.
Arbitration
If a dispute cannot be resolved informally, the parties agree, to the extent permitted by applicable law, to resolve the dispute through binding individual arbitration administered by the American Arbitration Association (“AAA”) under the rules applicable to the nature of the dispute.
Arbitration will take place in St. Charles County, Missouri, unless applicable law, AAA rules, or the parties’ written agreement requires or permits another location or remote proceeding.
The arbitrator may award remedies available under applicable law.
Individual Proceedings
To the extent permitted by law, disputes subject to arbitration will be resolved on an individual basis and not as a class, collective, consolidated, or representative proceeding.
Court Proceedings and Exceptions
Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief where legally appropriate; pursuing a claim that applicable law permits to proceed in small claims court; seeking judicial enforcement or review of an arbitration award as permitted by law; or pursuing a dispute in court where the arbitration requirement is found unenforceable or does not legally apply.
Where a dispute is properly before a court, the parties consent to the applicable state or federal courts located in or serving St. Charles County, Missouri, subject to any non-waivable jurisdictional or venue requirements.
A binding arbitration award is not a preliminary step that automatically permits the parties to relitigate the same dispute in court.
20. Governing Law
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles, except where federal law or another jurisdiction’s non-waivable law applies.
21. Electronic Communications
By communicating with Mindful Marketing electronically or using the website, you consent to receiving communications electronically where permitted by law.
Electronic communications and records may satisfy legal requirements that communications be in writing to the extent permitted by applicable law.
22. Severability and Waiver
If a provision of these Terms is determined to be unlawful or unenforceable, it will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect unless applicable law requires otherwise.
Failure to enforce a provision does not constitute a waiver of that provision or any other right.
23. Changes to These Terms
We may update these Terms periodically.
Changes will be reflected by the “Last Updated” date. Your continued use of the website after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
Material changes may be communicated through additional means where legally required.
24. Contact
Trileaf Designs LLC dba Mindful Marketing
401 Church Street
O’Fallon, MO 63366
United States
Email: [email protected]
Phone: 314-753-5323
Website: https://mindfulmarketing.biz/