ELI R. BROWN VENTURES LTD. doing business as Kitchen Bath Marketing (“KBM,” “we,” “us,” or “our”)
Effective date: 1 November 2021
Last updated: 25 September 2026
Website: https://www.kitchenbathmarketing.com and related domains (collectively, the “Site”)
Registered office: 4880 Bennett Street, Burnaby, British Columbia V5H 0C1, Canada
Email: hello@kitchenbathmarketing.com
Telephone/SMS: +1 (604) 842-8855
These Terms of Use and Service (the “Terms”) are a legally binding agreement. Read them before using the Site or purchasing any Program. If you do not agree, do not use the Site and do not buy anything from us.
These Terms have two layers:
If Part A and Part B conflict on a paid engagement, Part B controls for that engagement. A signed Master Services Agreement, Statement of Work, insertion order, or territory letter (“Order”) controls over these Terms to the extent of a direct conflict, but only for the parties who signed it.
These Terms do not guarantee advertising results, lead volume, booked estimates, revenue, AI citations, search rankings, or exclusive outcomes beyond what an Order expressly states.
PART A — SITE TERMS
1. Who we are
1.1 The Site is operated by ELI R. BROWN VENTURES LTD., a corporation existing under the Canada Business Corporations Act, corporation number 13397611, business number 773441407RC0001, carrying on business as Kitchen Bath Marketing and related division names (including references to MEDIA, LAB, and The Growth Network).
1.2 We market and deliver growth systems, paid-media management, creative, websites, follow-up infrastructure, reputation systems, content, and related advisory services, primarily to kitchen and bath dealers and selected other businesses in Canada, the United States and Mexico.
1.3 We are not a law firm, accountant, insurer, lender, general contractor, or licensed real-estate or home-improvement contractor. Nothing on the Site is professional advice in those fields.
2. Acceptance
2.1 By accessing the Site, submitting a form, texting or calling us, booking a call, downloading a lead magnet, creating an account, or clicking any “I agree” or equivalent control, you accept these Terms and the Privacy Policy at https://www.kitchenbathmarketing.com/legal/privacy-policy (the “Privacy Policy”).
2.2 If you use the Site or purchase a Program on behalf of a company, you represent that you have authority to bind that company. “you” and “Client” then means that company and its owners, employees, and contractors who use the Site or Programs.
2.3 You must be the age of majority in your jurisdiction and able to form a binding contract. The Site and Programs are for business use. They are not directed to consumers as that term is used in the B.C. Business Practices and Consumer Protection Act or equivalent consumer-protection statutes, except to the limited extent a visitor uses the Site in a personal capacity. Consumer-protection statutes that cannot be waived still apply to the extent they apply by law.
3. Definitions
In these Terms:
“Ad Spend” means amounts paid to third-party platforms (including Google, Meta, Microsoft, Apple, LinkedIn, and similar) for media, not our management fee.
“Client Customer Data” means personal information and other data about your callers, leads, customers, and website visitors that we process in order to deliver a Program (for example, missed-call numbers, form submits, call recordings if enabled, booking events, and offline conversions).
“Platforms” means Google, Meta (Facebook/Instagram), Microsoft (including Clarity and Advertising), Apple, call-tracking vendors, SMS gateways, calendar tools, CRM tools, website hosts, analytics tools, and any other third-party product used to deliver a Program.
“Program” means any product or service we offer, including Missed-Call Rescue, K&B Ads Agent, Regional Growth Partnership, Enterprise / dealer-network programs, AI-visibility / LLM-presence work, audits, creative, websites, retainers, and one-time projects.
“Territory” means a geographic service area described in an Order, if any.
4. Changes to the Site and to these Terms
4.1 We may change the Site at any time. We may change these Terms by posting an updated version on the Site and revising the “Last updated” date.
4.2 For Site visitors who are not in a paid Program, the updated Terms take effect when posted.
4.3 For a Client in an active paid Program, a change that materially reduces your rights or materially increases your obligations does not apply to that Program until we give you notice (email or in-product is enough) and the later of (a) 30 days after notice or (b) the start of the next renewal period. If you do not agree, your sole remedy is to stop using the Site and to cancel the Program under Section 18. Continued use after the effective date is acceptance.
4.4 We will not use a unilateral Site update to change a price, Territory, or exclusivity term that is locked in a signed Order for the then-current term.
5. Accounts, forms, and communications
5.1 You must provide accurate information on every form and in every call or text. You must keep it current.
5.2 You are responsible for every action taken through your email, phone number, or account.
5.3 If you give us a mobile number, you agree we may text or call you about your inquiry and, if you are a Client, about the Program. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of marketing SMS. Reply HELP for help. Transactional and Program-operations messages (billing, service notices, opt-out confirmations) may still be sent where the law allows.
5.4 Commercial electronic messages to Canadian recipients are sent in accordance with CASL. You may withdraw consent as described in the message or by emailing hello@kitchenbathmarketing.com.
6. Acceptable use
We may refuse, suspend, or terminate access immediately if we reasonably believe this Section has been breached.
7. Intellectual property — Site and KBM materials
7.1 The Site, our trademarks (including Kitchen Bath Marketing, KBM, related logos and division names), copy, videos, playbooks, scripts, calculators, Scoreboard formats, training, processes, prompts, agent configurations, and all other materials we create (“KBM IP”) are owned by us or our licensors. All rights not expressly granted are reserved.
7.2 We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Site for your internal business evaluation or, if you are a Client, for use of the Program. You may not copy, republish, resell, frame, or create derivative works from KBM IP except as we expressly allow in writing.
7.3 If you submit comments, ideas, testimonials, or feedback, you grant us a worldwide, royalty-free, perpetual, irrevocable licence to use that feedback to operate and improve the Site and Programs. Feedback is not confidential unless we agree otherwise in writing.
8. User content
8.1 If the Site allows posting, you are solely responsible for what you post. You represent you have all rights needed and that the content is lawful.
8.2 You grant us a non-exclusive licence to host, reproduce, and display that content as needed to operate the Site. We may remove content at any time.
8.3 We do not pre-screen user content and are not liable for it, to the maximum extent permitted by law.
9. Case studies, screenshots, and public proof
9.1 The Site publishes performance screenshots, quotes, and case studies. Those materials are illustrative. They are not a promise that you will get the same numbers.
9.2 If you become a Client, you grant us a non-exclusive licence to use your business name, logo, general location (city / region), non-confidential results, and Scoreboard screenshots in our marketing, unless your Order says otherwise or you email hello@kitchenbathmarketing.com with a reasonable written objection. We will not publish your customer’s personal information in a case study.
9.3 You may revoke future use of your name and logo on 30 days’ written notice. Revocation does not require us to recall printed material or destroy already-distributed media, and does not apply to materials we must keep for legal or financial records.
10. Third-party links and Platforms
10.1 The Site may link to third-party sites and Platforms. We do not control them and are not responsible for them.
10.2 If you click through to a Platform, that Platform’s terms and privacy policy apply to your use of it.
11. Site disclaimer
11.1 THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
11.2 We do not warrant that the Site will be uninterrupted, secure, or error-free, or that content is accurate or current. Benchmarks, industry numbers, and calculators are estimates.
11.3 Section 22 (limitation of liability) applies to the Site.
PART B — PROGRAM / SERVICE TERMS
12. Programs — what we sell and what we do not
12.1 We deliver Programs as described on the Site and in the applicable Order. Features may evolve. We will not materially strip a paid Program of its core function during a paid term without a reasonably comparable substitute or a right for you to cancel that Program.
12.2 Unless an Order expressly says otherwise:
12.3 We do not sell “leads” as a shared inventory. Where we generate inquiries for you, they are generated in connection with your assets (your number, your forms, your ads), subject to Platform rules and to the tracking you allow us to install.
12.4 We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, except that we act as your limited agent solely to operate advertising and communications accounts as needed to deliver the Program.
13. Onboarding, access, and your obligations
13.1 Programs that touch ads, call tracking, websites, or CRM require your timely cooperation. You will, at your cost:
13.2 If onboarding is delayed because you do not provide access or approvals, start dates, “first 30 days” expectations, and any Territory hold move with the delay. Fees already paid are not refunded for your delay.
13.3 You are the advertiser of record for ads we run in your accounts. You are responsible for the truth of claims about your company.
14. Creative, offers, and advertising standards
14.1 We may draft ads, landing pages, SMS, emails, and scripts. You must review them. Your approval (including approval by email, text, Slack, or continued use after delivery) is your representation that the content is accurate and lawful for your business.
14.2 You will not ask us to publish bait pricing, fake reviews, fake “from the manufacturer” claims, unsubstantiated “as seen on” claims, unlicensed use of brand names, or any claim you cannot support.
14.3 We may refuse or pull any creative that we reasonably believe violates law, Platform policy, or these Terms, without liability for lost media or leads.
15. Platforms, tracking, and data roles
15.1 Programs depend on Platforms we do not control. Platforms change auction dynamics, policies, attribution, APIs, and review standards without notice. We are not liable for Platform outages, disapprovals, policy changes, or attribution resets.
15.2 You must accept the Platforms’ own terms. If a Platform suspends your account because of your history, your landing page, your industry, or your conduct, that is not a breach by us.
15.3 Data roles. For Client Customer Data, you are the controller (or “business”) and we are your processor (or “service provider”) except where we collect information for our own sales, billing, quality, and model-improvement purposes as described in the Privacy Policy. You authorize us to process Client Customer Data to deliver the Program, to measure results, to prevent fraud and abuse, and to create de-identified or aggregated benchmarks that do not reasonably identify you or an individual.
15.4 You represent that you have provided all notices and obtained all consents required to allow this processing, including call tracking, call recording if you enable it, SMS follow-up, offline-conversion upload, and analytics.
15.5 Session replay and analytics tools (including Microsoft Clarity) and advertising pixels may be installed on properties we control or that you ask us to manage. You are responsible for cookie / privacy disclosures on your website.
16. SMS, calling, and electronic messages (high-risk activity)
16.1 Missed-Call Rescue and similar features send SMS or other messages to people who contacted you. Depending on configuration, we may also send you internal alerts and weekly recaps.
16.2 You are the originating business for messages to your callers and leads. We supply software, templates, and connectivity. We are not the maker of the underlying offer being discussed with your customer.
16.3 You represent and warrant, and will ensure on an ongoing basis, that:
16.4 We may insert required identification and opt-out language. We may suspend messaging immediately if we receive complaints, carrier filtering, or a credible allegation of unlawful messaging.
16.5 You will indemnify us for claims, demand letters, regulatory inquiries, and carrier penalties arising from messaging or calling to your contacts, except to the extent caused by our sending a message to a number you did not provide or route to us and that we selected on our own.
17. Fees, Ad Spend, taxes, and chargebacks
17.1 Fees are as quoted on the Site or in an Order. Site prices may change for new Clients at any time.
17.2 Ad Spend is separate from our fee. Ad Spend is paid by you directly to the Platform unless we expressly agree to bill it. If we prepay Ad Spend as an accommodation, you will reimburse us on receipt of invoice. We are not a bank. We do not hold Ad Spend as a trust or escrow unless an Order says so in writing.
17.3 Fees are in the currency stated on the invoice (typically CAD or USD). You are responsible for applicable taxes (including GST/HST, PST, QST, and U.S. sales tax where imposed). If we are required to collect tax, we will.
17.4 Recurring fees are billed in advance for the billing interval we specify (typically monthly). Invoices are due on the date stated. Overdue amounts may accrue interest at 1.5% per month (19.56% per year) or the maximum allowed by law, whichever is less, plus reasonable collection costs.
17.5 If a payment fails, we may pause the Program, including ads and SMS, without liability for lost leads during the pause.
17.6 Chargebacks. You agree not to file a chargeback for a fee you authorized. A chargeback does not terminate these Terms. We may dispute it and pause the Program. If a chargeback is reversed in our favour, you remain responsible for the fee plus our reasonable dispute costs.
17.7 No set-off. You may not withhold fees because you dislike results, except for a good-faith, documented billing error that you notice to us within 30 days of the invoice.
18. Term, cancellation, and refunds
18.1 Missed-Call Rescue (and any Site offer expressly labelled “no contract / cancel by text”). The Program is month-to-month. You may cancel by texting the number we specify or by emailing hello@kitchenbathmarketing.com from your account email. Cancellation takes effect at the end of the then-current paid period unless we say otherwise when we confirm. We do not prorate a started month except where required by law.
18.2 Ads Agent and similar monthly media retainers. Month-to-month unless an Order sets a minimum term. Cancel by written notice (email is enough). Cancellation takes effect at the end of the then-current paid period. You remain responsible for Ad Spend incurred through the pause date.
18.3 Growth Partnerships and Enterprise work. As stated in the Order. If the public Site and the Order conflict, the Order wins. Where we have said work runs in 90-day sprints with no “handcuffs,” that means we will not lock you into an automatic multi-year renewal; it does not mean mid-sprint fees are refundable, and it does not waive fees for work already scoped and started.
18.4 One-time projects (including AI-visibility packages and audits) are non-cancellable after work has started, except that you may cancel before kickoff for a refund minus a reasonable setup charge for time already spent.
18.5 Refunds. Except as required by law or as an Order expressly states, fees are non-refundable. We do not refund Ad Spend already committed to a Platform. We do not refund because a Platform changed, because a competitor ran a sale, because you did not answer the phone, or because an AI model did not mention you.
18.6 We may terminate or suspend a Program immediately if you materially breach these Terms or an Order, if you do not pay, if your ads or messaging create legal or Platform risk we are unwilling to carry, or if we reasonably believe continued performance is unlawful. If we terminate for your breach, fees earned and Ad Spend incurred remain due. If we terminate for convenience, we will refund prepaid unused management fees for periods after the termination date.
18.7 On termination we may retain copies of records we need for legal, tax, and dispute purposes. We will reasonably cooperate in exporting Client Customer Data that we hold in a readily exportable form. We are not required to deliver KBM IP, internal prompts, agent configurations, or non-public playbooks.
19. Territory and “one shop per area”
19.1 Territory language on the Site is a sales policy, not a franchise, not a licence of a registered mark in a territory, and not a non-compete against the rest of the industry.
19.2 If an Order grants you a Territory:
19.3 Territory descriptions must be specific (named municipalities, radii, or postal / ZIP lists). Vague phrases such as “the GTA” or “Metro Vancouver” will be interpreted as the list we confirm in writing after onboarding. If we cannot agree on a map, there is no exclusivity.
19.4 “First right to claim” language on Ads Agent offers is an invitation to negotiate a later lock. It is not itself exclusivity.
19.5 We may refuse a lock that overlaps an existing Client. Public “check your region” tools are operational aids, not a title search. Do not rely on them as a warranty of vacancy.
20. Results, estimates, Scoreboard, and non-guarantee
20.1 Advertising, SEO, AEO, GEO, reputation, and follow-up are inherently uncertain. Volume, cost, and quality of inquiries depend on your offer, your market, your close rate, seasonality, interest rates, housing stock, Platform auctions, your response time, and factors outside our control.
20.2 We do not guarantee any number of leads, booked estimates, close rate, revenue, profit, ROI, ROAS, rank, review rating, or AI citation, unless an Order states a specific, written performance warranty with a defined remedy. If no remedy is stated, the exclusive remedy for a missed warranty is, at our option, additional commercially reasonable effort during the then-current term or a credit limited to the management fees paid for the affected period.
20.3 Published case studies, “13–23×,” pipeline figures, and similar numbers are historical illustrations from identified or identifiable engagements or tests. They are not typical-results claims for every market. Your results will differ.
20.4 Scoreboard metrics are only as good as the tracking you allow. If you change calendars, numbers, or CRM fields, or if a Platform drops offline-conversion support, the Scoreboard may under-count or over-count. We are not liable for measurement gaps you cause or that Platforms cause.
20.5 Response-time claims about us (for example, we time our own reply to Site inquiries) are operational standards, not liquidated-damages clauses and not a warranty that your staff will hit the same number.
20.6 Autonomous agents, scripts, and optimization tools run inside limits we set. A named human remains accountable for strategy we control. Agents can be wrong. You must not treat agent output as a legal, financial, or safety sign-off.
21. Confidentiality
21.1 Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care.
21.2 Confidential Information does not include information that is public other than by breach, that the receiving party already lawfully had, that is independently developed, or that is required to be disclosed by law (with notice if legally permitted).
21.3 We may use and publish aggregated, de-identified benchmarks.
22. Limitation of liability
22.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY, AND WHETHER THE THEORY IS CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
22.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE AND ALL PROGRAMS IN ANY TWELVE-MONTH PERIOD IS CAPPED AT THE MANAGEMENT FEES YOU ACTUALLY PAID TO US FOR THE AFFECTED PROGRAM IN THE THREE MONTHS BEFORE THE CLAIM (OR, IF YOU HAVE PAID US FOR LESS THAN THREE MONTHS, THE AMOUNT YOU HAVE ACTUALLY PAID FOR THAT PROGRAM). AD SPEND PAID TO PLATFORMS IS NOT “FEES PAID TO US” AND IS NOT PART OF THE CAP CALCULATION EXCEPT TO THE EXTENT WE FAILED TO APPLY AD SPEND YOU PREPAID TO US AND WE STILL HELD.
22.3 The cap in Section 22.2 does not apply to: (a) our fraud or wilful misconduct; (b) bodily injury or tangible property damage caused by our negligence to the extent such limitation is prohibited; (c) amounts that cannot be limited under applicable law.
22.4 We are not liable for: Platform acts or omissions; your failure to answer inquiries; your unlicensed or unlawful advertising; your employees or subcontractors; force majeure events in Section 28; or any third-party claim except as Section 23 expressly requires us to indemnify.
22.5 You acknowledge that the fees reflect this allocation of risk. If the law of a province or state does not allow a particular exclusion, that exclusion applies to the maximum extent it can.
22.6 No claim may be brought more than one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim, or the shortest period allowed by law if that period cannot be shortened.
23. Indemnity
23.1 By you. You will defend, indemnify, and hold harmless ELI R. BROWN VENTURES LTD., its directors, officers, employees, contractors, and agents from any third-party claim, demand, investigation, or proceeding, and all related damages, fines, and reasonable legal fees, arising out of or related to:
23.2 By us. We will defend, indemnify, and hold you harmless from a third-party claim that KBM IP we supply, used as we directed and without combination with your materials, directly infringes a Canadian or U.S. copyright or trademark. Our obligation does not apply to claims based on your content, your instructions, Platform features, or your continued use after we give you a replacement. If such a claim is brought, we may obtain a licence, modify the material, or terminate the affected Program and refund prepaid unused management fees. This Section 23.2 is your exclusive remedy for IP infringement by KBM IP.
23.3 The indemnified party must give prompt notice (delay only matters if it materially prejudices the defence), reasonably cooperate, and allow the indemnifying party to control the defence, except that no settlement imposing an admission or injunctive burden on the indemnified party may be made without its consent, not to be unreasonably withheld.
24. Non-solicitation (Clients and contractors)
During an active Program and for six (6) months after it ends, you will not directly solicit for employment any KBM employee or exclusive contractor who worked on your account, other than through a general public advertisement not targeted at that person. This Section does not apply where prohibited by law.
25. Publicity and marks
We may identify you as a Client as described in Section 9. You may identify us as your marketing vendor. Neither party will issue a press release about the other without consent, except that we may describe the relationship in ordinary portfolio and Site copy.
26. Dispute resolution, governing law, and venue
26.1 These Terms and any dispute arising out of the Site or a Program are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules that would choose another law.
26.2 The courts of British Columbia sitting in Vancouver have exclusive jurisdiction, and each party consents to that venue. Either party may still seek interim injunctive relief in any court of competent jurisdiction to protect intellectual property or Confidential Information.
26.3 Before filing a claim (other than for injunctive relief or unpaid invoices we have already demanded), the parties will attempt good-faith negotiation for fifteen (15) days after written notice of the dispute.
26.4 Class and representative proceedings. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. This waiver does not apply where a statute forbids it, and it is not intended to stop a public regulator from bringing an action.
26.5 Jury waiver. TO THE EXTENT A DISPUTE IS HEARD IN A U.S. COURT AND A JURY WOULD OTHERWISE BE AVAILABLE, EACH PARTY WAIVES TRIAL BY JURY. This clause has no effect in Canadian courts where civil juries are not used in this context.
26.6 If you are a “consumer” under a law that forbids a venue clause that takes you away from your home court, that law controls to the limited extent it applies.
27. Notices
Notices to us must be sent to hello@kitchenbathmarketing.com with a copy by mail to the registered office in the preamble. Notices to you may be sent to the email or mobile number you last gave us. Email notice is effective on the next business day after sending unless a bounce is received.
28. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including Platform outages, utility or internet failure, labour dispute, epidemic, war, terrorism, embargo, change in law, or government action. Payment obligations are not excused. If a force majeure lasts more than 60 days, either party may terminate the affected Program.
29. Assignment
You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, corporate reorganization, or sale of assets. These Terms bind permitted successors.
30. Entire agreement; order of documents; severability; waiver
30.1 These Terms, the Privacy Policy, and any Order are the entire agreement about their subject and supersede prior negotiations on that subject. Site marketing copy is not a warranty.
30.2 Order of control for a paid engagement: (1) a signed Order, (2) Part B of these Terms, (3) Part A of these Terms, (4) the Privacy Policy as to personal information.
30.3 If a provision is held unenforceable, it will be modified to the minimum extent required to make it enforceable, or severed. The rest remains in force.
30.4 A waiver must be in writing. Failure to enforce a provision is not a waiver.
30.5 Headings are for convenience only. “Including” means “including without limitation.” Words in the singular include the plural.
30.6 These Terms are drafted in English. A translation is provided only for convenience.
31. Export, sanctions, and anti-corruption
You represent you are not a sanctioned person and will not use the Site or a Program in violation of Canadian or U.S. sanctions or anti-corruption laws.
32. Beta features and the Lab
Features labelled beta, lab, experimental, or KitchenVision (or similar) are provided as-is, may be withdrawn at any time, and are excluded from any service-level or performance language that applies to generally available Programs.
33. Survival
Sections 7–11, 15.3, 16.5, 17–26, 29–30, and 33 survive termination, as do any other provisions that by their nature should survive.
34. Questions
ELI R. BROWN VENTURES LTD.
4880 Bennett Street
Burnaby, British Columbia V5H 0C1
Canada
hello@kitchenbathmarketing.com
+1 (604) 842-8855
If you need a signed Master Services Agreement for a Growth Partnership or dealer network, ask. These Site Terms are the public floor, not a substitute for a negotiated Order on a six-figure relationship.
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