Effective Date: May 01, 2026
These Terms and Conditions (“Terms”) govern access to and use of emberpathmedia.com and any webpage, landing page, form, telephone number, call-routing service, content, feature, or service that links to these Terms collectively, the “Services.”
The Services are operated by Emberpath Media LLC, doing business as Ember Path Media (“Ember Path Media,” “Company,” “we,” “us,” or “our”).
Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
By using the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that situation, “you” includes both the individual user and the organization.
Ember Path Media provides performance-marketing, advertising, lead-generation, call-generation, call-tracking, call-routing, campaign-management, and related business services.
The Services may allow consumers to:
The Services may also allow business clients, publishers, affiliates, buyers, vendors, and other partners to communicate with Ember Path Media or participate in advertising and call-generation campaigns.
We may modify, suspend, replace, restrict, or discontinue any portion of the Services at any time, subject to any separate written agreement.
Ember Path Media may connect consumers with independent businesses that provide insurance, legal, financial, debt-related, home, travel, solar, or other products and services.
Unless expressly stated otherwise in writing, Ember Path Media is not:
Participating businesses are independent parties. They are responsible for their own licensing, regulatory compliance, professional advice, eligibility decisions, pricing, contracts, products, services, representations, and customer support.
A referral, call transfer, advertisement, or listing does not constitute an endorsement, recommendation, warranty, or guarantee concerning a participating business.
Information made available through the Services is provided for general informational and marketing purposes.
Nothing on the Services constitutes legal, insurance, financial, credit, tax, medical, investment, or other professional advice.
Users should consult an appropriately licensed professional before making decisions concerning insurance coverage, legal rights, debt, credit, finances, healthcare, property services, or another regulated matter.
Submitting a form, making a telephone call, receiving a call, or being connected with a participating business does not guarantee:
Descriptions of expected call volume, campaign performance, conversion opportunity, savings, revenue, or other outcomes are illustrative unless expressly guaranteed in a separate written agreement signed by an authorized representative of Emberpath Media LLC.
These Terms govern general use of the Services.
Services provided to business clients, buyers, publishers, affiliates, vendors, or other commercial partners may also be governed by a separate written agreement, insertion order, purchase agreement, affiliate agreement, campaign specification, or statement of work.
If these Terms conflict with a signed written agreement, the signed written agreement will control solely with respect to the subject matter of that agreement.
Nothing on the website independently modifies payment terms, billable-call criteria, campaign caps, quality requirements, compliance obligations, refund rights, exclusivity, reporting rules, or other commercial terms contained in a separate agreement.
You may be asked to provide information through a form, telephone call, email, account, or other communication.
You represent and warrant that information you provide is:
You are responsible for updating information when it becomes materially inaccurate.
Do not submit passwords, complete Social Security numbers, payment card security codes, or unnecessary sensitive information through general website forms or email.
When you provide contact information and request information, you authorize Ember Path Media and, where clearly disclosed, participating businesses to respond to your request using the contact information provided, subject to applicable law and any required consent.
The frequency, method, and sender of communications may depend on the request and the participating business involved.
Consent to receive marketing communications is not a condition of purchasing a product or service unless expressly and lawfully stated otherwise.
You may withdraw applicable marketing consent or request that communications stop by using the opt-out method provided in the communication or by contacting the sender.
A request submitted to Ember Path Media may not automatically apply to communications independently sent by another business.
Telephone calls made through or in connection with the Services may be monitored, recorded, analyzed, transcribed, or reviewed for quality assurance, training, attribution, fraud prevention, compliance, dispute resolution, and operational purposes, where permitted by law.
By continuing a call after receiving an applicable recording notice, you consent to monitoring or recording to the extent permitted by law.
If you do not wish to be recorded, you may end the call and contact the relevant business through another available method.
You may use the Services only for lawful purposes.
You may not:
We may investigate suspected violations and cooperate with clients, telecommunications providers, advertising platforms, law enforcement, regulators, and other appropriate parties.
The Services and their content, including text, graphics, logos, trademarks, service marks, designs, layouts, software, databases, audio, video, and other materials, are owned by or licensed to Emberpath Media LLC and are protected by applicable intellectual-property laws.
Subject to these Terms, we grant users a limited, revocable, nonexclusive, nontransferable license to access and use the public portions of the Services for their intended lawful purpose.
No other rights are granted.
You may not reproduce, distribute, modify, publicly display, sell, license, create derivative works from, or commercially exploit protected content without prior written permission.
When you voluntarily provide suggestions, ideas, comments, or other feedback concerning the Services, you grant Emberpath Media LLC a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, publish, and incorporate that feedback for any lawful purpose without compensation or attribution.
This provision does not transfer ownership of personal information and remains subject to our Privacy Policy.
The Services may contain links to or integrations with third-party websites, platforms, telephone systems, advertisements, products, or services.
We do not control and are not responsible for third-party:
Accessing or using a third-party service is at your own risk and may be governed by separate terms and privacy policies.
Our collection and use of personal information are described in our Privacy Policy.
By using the Services, you acknowledge that information may be collected, processed, disclosed, and retained as described in the Privacy Policy.
We do not guarantee that the Services will always be available, uninterrupted, secure, accurate, complete, or error-free.
Service interruptions may result from maintenance, telecommunications failures, technical issues, third-party services, cybersecurity incidents, legal restrictions, or circumstances beyond our reasonable control.
We are not responsible for missed calls, failed transfers, unavailable providers, transmission delays, reporting delays, or other disruptions except as expressly provided in a separate written agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
EMBERPATH MEDIA LLC DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS.
WE DO NOT WARRANT THAT:
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERPATH MEDIA LLC AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.
THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF THE POSSIBILITY OF DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM GENERAL WEBSITE USE WILL NOT EXCEED THE GREATER OF:
Liability arising under a separate signed business agreement will be governed by that agreement.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Emberpath Media LLC and its owners, officers, directors, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from:
This section does not require a consumer to indemnify Ember Path Media for conduct for which indemnification is prohibited by law.
We may suspend, restrict, or terminate access to the Services when we reasonably believe that:
Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.
These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.
Unless prohibited by applicable law or superseded by a separate written agreement, any legal proceeding arising from these Terms or the Services must be brought in a state or federal court with jurisdiction over Albuquerque or Bernalillo County, New Mexico.
You consent to the personal jurisdiction and venue of those courts.
We may revise these Terms periodically.
The revised Terms will be posted with an updated “Last Updated” date. Material changes may also be communicated through the website or another appropriate method.
Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
If a provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed, and the remaining provisions will remain in effect.
A failure to enforce a provision of these Terms does not waive the right to enforce that provision or another provision later.
A waiver is effective only when made in writing by an authorized representative of Emberpath Media LLC.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, or transfer of the Services.
These Terms and the Privacy Policy constitute the entire agreement concerning general use of the Services and supersede prior understandings concerning that use.
Separate signed business agreements remain independently enforceable according to their terms.
Questions concerning these Terms may be directed to:
Emberpath Media LLC
1209 Mountain Road PL NE, Suite R
Albuquerque, New Mexico 87110
United States
Email:
arafat@emberpathmedia.com
edwina@emberpathmedia.com
Telephone:
+1 (805) 377-7744