1. Legal Status, Independence, and Platform Non-Affiliation

PowerSURGE! Marketing (“PowerSURGE!,” “Company,” “we,” “our,” or “us”) is an independent digital infrastructure and marketing services provider headquartered in Calgary, Alberta, Canada.

PowerSURGE! is not affiliated with, endorsed by, authorized by, sponsored by, or partnered with any advertising, media, search, social, or technology platform, including but not limited to: Meta, Facebook, Instagram, Google, YouTube, LinkedIn, TikTok, X (formerly Twitter), Bing, Snapchat, Apple, Amazon, or any successor entities.

All trademarks and platform names referenced belong to their respective owners. Nothing on this Site shall be construed as implying any partnership, certification, endorsement, or preferential status with any third-party platform.

2. Nature and Scope of Services

PowerSURGE! provides strategic marketing systems, digital infrastructure, automation architecture, conversion optimization, and growth advisory services for chiropractic clinics and healthcare-adjacent businesses.

PowerSURGE! does not:

• Provide medical advice, diagnosis, or treatment
• Provide legal, accounting, tax, or compliance advice
• Provide regulatory certification
• Guarantee platform approval or access
• Guarantee revenue, patient volume, or profitability
• Control third-party algorithms or policies

All regulatory, professional, operational, and clinical compliance obligations remain solely with the client.

3. No Platform Access, Reach, or Policy Guarantee

Third-party advertising and technology platforms operate independently and retain unilateral authority to modify policies, pricing, reach, algorithms, access, and enforcement standards.

PowerSURGE! does not guarantee:

• Ad approval
• Account continuity
• Cost-per-click stability
• Traffic volume
• Lead volume
• Algorithm consistency
• Policy interpretation consistency

Clients expressly assume all platform dependency and enforcement risk.

4. Performance, Results, and Forward-Looking Statements

All performance examples, projections, testimonials, benchmarks, or case studies presented on this Site or in communications are illustrative only and do not constitute guarantees of future results.

Marketing performance depends on numerous variables beyond PowerSURGE!’s control, including market demand, competition, staffing, pricing, reputation, regulatory changes, economic conditions, and client execution.

No statements constitute guarantees of specific outcomes.

5. The 104% Performance Guarantee — Scope and Limitations

Where offered, any “104% Performance Guarantee” is subject to a separate written Service Agreement and applicable addenda. Qualification requires full compliance with requirements that may include, without limitation:

• Minimum ad spend requirements
• Implementation timelines
• Tracking and reporting standards
• Client cooperation obligations
• Creative and technical approval timelines
• Operational responsiveness

Guarantee applicability, measurement, remedies, and qualification criteria are determined solely by PowerSURGE! in the governing agreement. The guarantee does not cover platform bans or suspensions, client operational failures, appointment no-show rates, clinical conversion failures, economic downturns, or regulatory actions.

All guarantees are conditional incentives and not unconditional promises.

6. Free Trials, Introductory Periods, and Promotional Access

Any free trial, discounted access, promotional period, or introductory offer is limited, conditional, non-transferable, and revocable. PowerSURGE! reserves the right to modify, suspend, or terminate trial access at any time for non-cooperation, misuse, compliance concerns, or operational risk.

Trial access does not constitute service guarantees.

7. Affiliate Program and “Up To 40%” Commission Disclosure

Affiliate commissions are offered “up to 40%” and are subject to collected revenue only (not booked, invoiced, or contracted amounts), and may be reduced or reversed due to refunds, chargebacks, disputes, fraud review, compliance review, or brand usage violations.

Commission eligibility, rates, duration, qualification rules, and payment schedules are determined solely by PowerSURGE!. No affiliate earnings are guaranteed. PowerSURGE! may modify, suspend, or terminate affiliate participation at any time.

8. PowerBUCKS!, Credits, and Incentive Programs

PowerBUCKS!, promotional credits, bonuses, and incentive programs (including bonuses of up to $888 on qualifying 365+ Day Patient-Flow System milestones, including references to timing such as day 120) are conditional, discretionary, non-cash, non-transferable, and subject to revocation.

Eligibility is determined solely by PowerSURGE! based on contractual compliance, performance milestones, and operational participation. Credits have no cash value, may expire, may be modified or discontinued at any time, and may be applied only as expressly stated in writing.

9. 365+ Day Patient-Flow System Disclosure

The “365+ Day Patient-Flow System” is a proprietary implementation framework and operational methodology. It is not a medical system, a financial guarantee, a revenue guarantee, a certification program, or a franchise offering. Results depend on client execution and external conditions.

10. Client Responsibilities and Cooperation

Clients agree to provide timely approvals, accurate information, operational cooperation, regulatory compliance, ethical advertising practices, and staff participation. Failure to meet cooperation standards may void performance incentives, guarantees, or promotional benefits.

11. Indemnification and Defense Obligations

Clients agree to indemnify, defend, and hold harmless PowerSURGE!, its officers, directors, employees, contractors, affiliates, successors, and assigns from any and all claims, liabilities, damages, penalties, fines, costs, and legal fees arising from or relating to:

• Advertising claims
• Medical representations
• Testimonials and reviews
• Data handling practices
• Regulatory violations
• Tax interpretations
• Email and SMS communications
• ADA-related claims
• Affiliate activities

This obligation survives termination.

12. Limitation of Liability

To the fullest extent permitted by law, PowerSURGE!’s total cumulative liability shall not exceed the total fees paid by the client to PowerSURGE! in the ninety (90) days preceding any claim.

PowerSURGE! shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, reputational harm, or business interruption.

13. Intellectual Property and System Protection

All proprietary frameworks, systems, processes, architectures, documentation, and derivative works remain the exclusive intellectual property of PowerSURGE! unless expressly transferred in writing. Unauthorized reproduction, resale, distribution, modification, or reverse engineering is prohibited.

14. Data, Integrations, and Third-Party Software

PowerSURGE! utilizes third-party platforms and integrations including CRMs, hosting providers, analytics tools, and payment processors. PowerSURGE! does not control third-party systems and is not responsible for their availability, security, or functionality.

Clients remain responsible for data compliance and system security within their accounts.

15. Communications Compliance

Clients and affiliates are responsible for compliance with all applicable privacy and communications laws, including CASL, CAN-SPAM, TCPA, GDPR, and PIPEDA. PowerSURGE! is not responsible for violations committed by clients or affiliates.

16. Arbitration, Waiver, and Class Action Prohibition

All disputes arising from these Terms or related services shall be resolved exclusively through binding arbitration in Alberta, Canada. Each party waives the right to trial by jury. Class actions, collective actions, and representative proceedings are prohibited.

17. Force Majeure

PowerSURGE! shall not be liable for delays or failures caused by events beyond reasonable control, including platform outages, algorithm changes, regulatory actions, natural disasters, pandemics, cyber incidents, civil unrest, or third-party service failures.

18. Survival of Provisions

Provisions relating to indemnification, intellectual property, limitation of liability, dispute resolution, confidentiality, and compliance obligations shall survive termination.

19. Modification of Terms

PowerSURGE! reserves the right to modify these Terms at any time without prior notice. Continued use of the Site or services constitutes acceptance of updated Terms.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflict-of-law principles.

21. Contact Information