Terms and Conditions

1. Acceptance of Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Site or services.

2. About Vestfold

Vestfold is a marketing services and consulting agency operated as a sole proprietorship by Shane Hillestad. We provide marketing strategy, consulting, and related services to business clients, including those in the e-commerce sector.

3. Services

Vestfold provides marketing services and consulting, including but not limited to: Marketing strategy development, Growth consulting, Client integration with existing technology stacks, and Other marketing and consulting services as agreed upon. The specific scope, deliverables, and terms of any engagement will be detailed in a separate service agreement or statement of work.

4. Eligibility

Our services are intended for business owners and professionals who are at least 18 years of age. By using our Site or services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

5. User Accounts

We may offer the ability to create user accounts on our Site. If you create an account, you agree to: Provide accurate, current, and complete information; Maintain and promptly update your account information; Maintain the security of your account credentials; Accept responsibility for all activities that occur under your account; Notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

6. Payment Terms

Payment for services is processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service. All fees are stated in U.S. dollars and are non-refundable except as provided in Section 7. You agree to provide accurate and complete billing information and authorize us to charge your selected payment method for all fees incurred.

7. Refund Policy

All services are non-refundable unless you did not receive the service you paid for. If you believe you did not receive the agreed-upon service, you must contact us at [email protected] within 30 days of the service delivery date to request a refund. Refund requests will be evaluated on a case-by-case basis.

8. SMS/Text Message Terms

8.1 Purpose and Consent

Vestfold offers SMS text messaging to send appointment confirmations, reminders, and follow-up messages related to scheduled sales or growth consultations. By opting in, you consent to receive automated text messages from Vestfold at the phone number you provided. Consent is not a condition of purchase.

8.2 Opt-In Process

You may opt in to receive text messages by providing your phone number when booking an appointment through our Cal.com scheduling system. By completing the booking process, you expressly consent to receive SMS messages from Vestfold.

8.3 Message Frequency

Message frequency varies and depends on your booking activity. You will typically receive messages related to appointment confirmations, reminders, and follow-ups for scheduled calls.

8.4 Message Examples

Examples of messages you may receive include: 'Your call has been confirmed for [date] at [time] with [contact name]', 'Reminder: Your growth consultation is scheduled for tomorrow at [time]', 'Thank you for your call today. Here's the follow-up information we discussed: [link]'

8.5 Messaging Number

Messages will be sent from (415) 969-6076.

8.6 Cost and Carrier Liability

Message and data rates may apply based on your mobile carrier's plan. Vestfold does not charge for text messages, but your carrier may. Carriers are not liable for delayed or undelivered messages.

8.7 Supported Carriers

Our SMS service is available on all major U.S. carriers, including AT&T, Verizon, T-Mobile, Sprint, and others. Check with your carrier for compatibility.

8.8 Opt-Out

You may opt out of receiving text messages at any time by: Replying 'STOP' to any text message from Vestfold, or Contacting us at [email protected] or (415) 969-6076. After opting out, you will receive one final confirmation message, and no further messages will be sent unless you opt in again.

8.9 Help and Support

For assistance with text messages, reply 'HELP' to any message or contact us at [email protected] or (415) 969-6076.

8.10 Privacy

Your phone number and message data are handled according to our Privacy Policy. We do not sell or share your phone number with third parties for their marketing purposes.

9. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of Vestfold or its content suppliers and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our express written permission.

10. Prohibited Activities

You agree not to: Use the Site for any unlawful purpose or in violation of these Terms; Attempt to gain unauthorized access to the Site or related systems; Interfere with or disrupt the Site or servers; Impersonate any person or entity or misrepresent your affiliation; Use automated systems (bots, scrapers) to access the Site; Transmit viruses, malware, or other harmful code.

11. Third-Party Services and Links

Our Site may contain links to third-party websites or services (including Cal.com for scheduling and Stripe for payments). We are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party services is governed by their respective terms and conditions.

12. Disclaimers

THE SITE AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Vestfold does not warrant that: The Site will be uninterrupted, secure, or error-free; The results obtained from using the Site or services will be accurate or reliable; Any errors in the Site will be corrected. Marketing and consulting services involve strategic recommendations. Results may vary, and Vestfold makes no guarantees regarding specific outcomes or ROI.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VESTFOLD AND SHANE HILLESTAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: Your use or inability to use the Site or services; Any unauthorized access to or use of our servers or personal information; Any bugs, viruses, or other harmful code transmitted through the Site; Any errors or omissions in content or any loss or damage incurred from the use of content posted or transmitted. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO VESTFOLD IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vestfold and Shane Hillestad from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site or services, your violation of these Terms, or your violation of any rights of another party.

15. Privacy and Data Collection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page with a new 'Last Updated' date. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

17. Termination

We may suspend or terminate your access to the Site or services at any time, with or without cause or notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site ceases immediately.

18. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Site shall be resolved through binding arbitration in San Francisco County, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Vestfold regarding your use of the Site and services.

21. Contact Us

If you have questions about these Terms, please contact us at: Shane Hillestad dba Vestfold, 1455 41st Ave, San Francisco, CA 94122, Email: [email protected], Phone: (415) 969-6076