The terms that govern use of this website and the services provided by Kerr & Company LLC.
These Terms of Service ("Terms") govern your use of kerrandcompanyholdings.com (the "Site") and any services provided by Kerr & Company LLC ("Kerr & Company," "we," "us"), a Michigan limited liability company based in Grand Rapids, Michigan. By using this Site or engaging our services, you agree to these Terms.
This Site is provided for general informational purposes. You agree not to use the Site to violate any law, attempt unauthorized access to our systems, transmit malicious code, or scrape or reproduce content for commercial purposes without written permission.
We may modify, suspend, or discontinue any part of the Site at any time without notice.
Content on this Site — including service descriptions, pricing, timelines, comparisons, and case results — is provided for information only and does not constitute a binding offer, a contract, or professional advice for your specific situation.
Pricing displayed on this Site consists of starting points and estimates only. Actual pricing depends on scope, complexity, and requirements, and is established solely in a written proposal or agreement signed by both parties. Prices are subject to change at any time without notice.
Any comparison tables, market ranges, or industry figures shown on this Site reflect our understanding of publicly reported market data as of the date published. They describe typical market categories and are not quotes, offers, or representations regarding any specific company, competitor, or provider. Market conditions and third-party pricing change; we make no warranty that such figures are current, complete, or applicable to any particular provider or project.
No results are guaranteed. Any performance figures described on this Site — including cost-per-lead, conversion rates, traffic, rankings, download counts, or sales — describe specific past campaigns or projects under specific conditions. Past results do not guarantee or predict future results. Your outcomes will differ based on your market, budget, offer, competition, industry, timing, and factors outside our control.
Search engine rankings, advertising performance, and social media reach are controlled by third-party platforms (including Google, Meta, and others) whose algorithms, policies, and pricing change without notice. We do not control and cannot guarantee any specific ranking, placement, impression volume, lead volume, cost per lead, conversion rate, or return on investment.
Services are performed under a separate written proposal, statement of work, or agreement ("Agreement") that identifies deliverables, timeline, and fees. In the event of a conflict between these Terms and a signed Agreement, the Agreement controls.
Stated timelines (including any reference to delivery "in days") are estimates that assume timely client cooperation — including prompt provision of content, assets, access, approvals, and feedback. Delays in client responsiveness extend timelines accordingly.
Work outside the agreed scope requires a written change order and may involve additional fees and revised timelines.
Where offered, our commitment to rework a first deliverable until sign-off applies to the deliverable as defined in the Agreement's scope. It does not apply to new requirements, changes of direction, or requests outside that scope, and it is not a guarantee of business results.
Unless otherwise stated in an Agreement: fees are quoted in U.S. dollars; a deposit may be required before work begins; invoices are due within 15 days of receipt; and late amounts may accrue interest at 1.5% per month or the maximum rate permitted by Michigan law, whichever is less. We may suspend work or services on accounts past due.
Recurring services (including care plans, retainers, and managed services) bill monthly in advance and continue until cancelled with at least 30 days' written notice, unless the Agreement states otherwise. Third-party costs — including advertising spend, hosting, domains, software licenses, and stock assets — are separate from our fees and are typically paid by you directly to the provider.
You represent that materials you provide do not infringe any third party's intellectual property, privacy, or other rights, and you agree to indemnify and hold us harmless from claims arising from materials you supply or from your use of deliverables.
Upon full payment, you own the final deliverables created specifically for you under the Agreement, including website content, designs, and custom code produced for your project.
We retain ownership of: our pre-existing materials, frameworks, tools, libraries, methodologies, and internal systems (including proprietary automation engines and any patented or patent-pending technology), together with any general knowledge, techniques, or improvements developed in the course of the work. Where our pre-existing materials are incorporated into a deliverable, you receive a non-exclusive, perpetual license to use them as part of that deliverable.
Third-party components (themes, plugins, fonts, stock media, APIs, and software) remain subject to their own licenses. Unless you object in writing, we may reference the engagement and display non-confidential work in our portfolio and marketing.
Our services may involve third-party platforms and providers (including Google, Meta, hosting providers, and software vendors). We are not responsible for their availability, performance, pricing, policy changes, account actions, suspensions, or data practices. You are responsible for compliance with their terms, and — where applicable — for amounts you owe them directly.
Nothing on this Site or in our services constitutes legal, financial, tax, accounting, medical, or other licensed professional advice. Consult a qualified professional in the relevant field for advice specific to your circumstances.
To the maximum extent permitted by law, the Site and our services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty regarding results, uninterrupted operation, or error-free performance.
To the maximum extent permitted by law, Kerr & Company LLC and its members, officers, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost business opportunity, or business interruption, arising from or related to the Site or our services — regardless of the theory of liability and even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising from or related to the Site or our services shall not exceed the amount you actually paid to us for the specific services giving rise to the claim during the three (3) months immediately preceding the event.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
You agree to indemnify, defend, and hold harmless Kerr & Company LLC from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Site, your breach of these Terms, materials you provide, your use of deliverables, or your violation of any law or third-party right.
Each party agrees to protect the other's non-public business information disclosed in the course of an engagement and to use it only for purposes of performing or receiving the services. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.
Either party may terminate an engagement with written notice as specified in the Agreement. Upon termination, you remain responsible for fees for work performed and costs incurred through the termination date. Sections regarding payment, intellectual property, disclaimers, limitation of liability, indemnification, and confidentiality survive termination.
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. The parties agree to attempt good-faith resolution of any dispute before initiating formal proceedings. Any action shall be brought exclusively in the state or federal courts located in Kent County, Michigan, and both parties consent to that jurisdiction and venue.
We may update these Terms at any time. Changes take effect when posted, with the "Last updated" date revised. Continued use of the Site after changes constitutes acceptance.
If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. These Terms, together with any signed Agreement, constitute the entire agreement between the parties regarding the subject matter. You may not assign your rights without our written consent. Neither party is liable for delays caused by events beyond reasonable control. The parties are independent contractors; nothing creates a partnership, joint venture, or employment relationship.
Kerr & Company LLC
Grand Rapids, Michigan
Email: matthew@kerrandcompanyholdings.com