PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING

Governing Law: State of Colorado, United States

These Terms & Conditions ("Terms") govern access to and use of marketingQs.com and the purchase or use of services, subscriptions, digital products, deliverables, consulting, website services, and other offerings provided by marketingQs.com ("marketingQs.com," "Company," "Provider," "we," "us," or "our").

By accessing or using the website, or by purchasing or affirmatively accepting an Offering, you ("Client," "you," or "your") agree to these Terms as applicable. If you do not agree, do not use the website or purchase our Offerings.

1. AGREEMENT TO TERMS AND ORDER OF PRECEDENCE

These Terms establish the general terms applicable to the Company's offerings ("Offerings").

The specific Offering purchased, together with its price, payment schedule, recurring charges, scope, specifications, included services, limitations, delivery expectations, cancellation terms, and other transaction-specific terms, will be as presented and acknowledged at checkout or stated in the applicable invoice, order form, proposal, statement of work, project plan, or other purchase record ("Order Terms").

Certain Offerings or relationships may also be governed by a separate agreement, including a consulting services agreement, non-disclosure agreement, model or media release, website or subscription agreement, statement of work, license, order form, or other agreement ("Specific Agreement").

These documents are intended to operate together. If their terms conflict, the following order of precedence applies:

the applicable Specific Agreement;

the applicable Order Terms; and

these Terms & Conditions.

A Specific Agreement controls only with respect to its subject matter. Provisions that do not conflict remain effective and operate together.

Nothing in these Terms supersedes, terminates, limits, or replaces an NDA, confidentiality agreement, model or media release, consulting agreement, license, statement of work, or other Specific Agreement intended to supplement the parties' relationship, except where that Specific Agreement expressly provides otherwise.

The absence of a Specific Agreement does not affect the applicability of these Terms. Where no Specific Agreement governs a particular subject, these Terms provide the parties' default terms regarding that subject.

2. PURCHASES AND CHECKOUT

By completing a purchase, submitting payment, checking an acceptance box, electronically signing, or otherwise affirmatively accepting an Offering, Client agrees to these Terms and the applicable Order Terms presented or made available as part of that transaction.

Client is responsible for reviewing the applicable Offering specifications, pricing, payment obligations, recurring charges, cancellation terms, and other Order Terms before purchasing.

If Client purchases on behalf of a business or other organization, the individual completing the transaction represents that they have authority to bind that organization.

3. FEES, PAYMENTS, RECURRING SERVICES, AND REFUNDS

Fees, payment timing, installment arrangements, recurring charges, billing frequency, cancellation rights, and other payment terms are determined by the applicable Order Terms or Specific Agreement.

By purchasing a recurring Offering, Client authorizes the Company or its payment processor to charge the payment method provided at the frequency and amount disclosed and acknowledged during checkout or otherwise stated in the applicable Order Terms until canceled or otherwise terminated according to those terms.

Unless the applicable Order Terms or Specific Agreement expressly provides otherwise, payments are final and non-refundable once performance, planning, design, development, fulfillment, or other work associated with the Offering has begun.

Cancellation of a recurring service stops future charges in accordance with the applicable Order Terms but does not ordinarily create a right to a retroactive refund for services, access, hosting, work, or billing periods already provided or earned.

If an Offering becomes unavailable after payment but before fulfillment begins, the Company may provide a reasonable substitute, account credit, or refund as appropriate.

4. CLIENT RESPONSIBILITIES AND MATERIALS

Client agrees to provide accurate information, content, approvals, credentials, access, instructions, and other materials reasonably necessary for the Company to perform the applicable Offering.

Delivery schedules and performance may depend on Client's timely cooperation. Client-caused delays may extend estimated delivery or completion dates.

Client represents that Client owns or has sufficient permission to use any logos, trademarks, text, photographs, video, audio, data, credentials, intellectual property, or other materials provided to the Company ("Client Materials").

Client grants the Company and its authorized service providers a non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify, adapt, transmit, and otherwise process Client Materials as reasonably necessary to perform the applicable Offering.

Client remains responsible for the accuracy, legality, and authorized use of Client Materials.

5. SERVICES, DELIVERABLES, TIMING, AND REVISIONS

The scope, specifications, included deliverables, delivery expectations, revision allowances, service levels, and other requirements for an Offering are determined by the applicable Order Terms or Specific Agreement.

Unless expressly identified as guaranteed, delivery dates and turnaround times are good-faith estimates or targets. Timelines may be affected by Client responsiveness, requested changes, project complexity, third-party services, technical conditions, and circumstances outside the Company's reasonable control.

Work outside the purchased scope, including additional revisions, deliverables, functionality, integrations, customization, or services, may require additional fees or written approval before work begins.

6. WEBSITE, HOSTING, AND OTHER RECURRING SERVICES

Where an Offering includes website development, hosting, domain services, maintenance, content changes, integrations, or other recurring technical services, the specific services included are those described and acknowledged in the applicable Order Terms or Specific Agreement.

The Company may provide these services directly or through authorized contractors, developers, hosting providers, technology providers, and other delivery partners.

Where hosting, domain management, maintenance, or another service depends upon an active recurring subscription, cancellation or termination of that recurring service may end the associated services as disclosed in the applicable Order Terms.

Where available, Client may request migration or transfer of a website or other deliverable following cancellation. Migration may require additional work and may be subject to a migration or transition fee agreed upon in writing before the work begins.

The Company and its delivery partners will take commercially reasonable measures to facilitate an agreed migration and minimize material service interruption. The Company does not guarantee uninterrupted service where third-party platforms, hosting environments, registrars, software, integrations, DNS propagation, or other circumstances outside its reasonable control affect the transition.

Unless expressly guaranteed in a Specific Agreement, the Company does not guarantee search-engine rankings, website traffic, leads, conversions, sales, revenue, advertising performance, or continued performance of third-party platforms or integrations.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

Unless a Specific Agreement expressly provides otherwise, the Company and its licensors retain ownership of their pre-existing and independently developed materials, templates, reusable code, software, tools, systems, processes, methodologies, libraries, technology, know-how, training materials, and other background intellectual property ("Background IP").

Upon full payment, Client receives the license or ownership rights in Client-specific final deliverables expressly provided by the applicable Order Terms or Specific Agreement.

If no different rights are specified, Client receives a non-exclusive license to use the final Client-specific deliverables for the personal or business purposes for which they were purchased.

Background IP incorporated into a final deliverable remains owned by its applicable owner. Client's license to the finished deliverable includes the right to use incorporated Background IP as reasonably necessary to use the deliverable for its intended purpose.

Nothing in these Terms transfers ownership of the Company's trademarks, branding, systems, general templates, methodologies, or other Background IP.

8. PORTFOLIO, TESTIMONIALS, AND CONTENT USE

In connection with an Offering, Client grants the Company permission to identify Client's business and display final public-facing deliverables, Client's business name, logo, and publicly released project materials in the Company's portfolio, website, case studies, sales materials, social media, and other promotional materials.

Where Client voluntarily provides or approves a testimonial, photograph, video, audio recording, interview, or similar promotional content ("Promotional Content"), Client grants the Company a non-exclusive, royalty-free license to reproduce, edit, adapt, combine, publish, display, and distribute that Promotional Content through the Company's website, portfolio, case studies, social media, advertising, and promotional materials, provided such use is not pornographic, defamatory, political, or controversial.

Client represents that it has authority to grant these permissions for materials Client provides. Permission relating to an identifiable individual's likeness, image, voice, or other personal rights is subject to any rights that cannot legally be granted by Client on that individual's behalf.

If an individual or Client executes a separate model release, media release, testimonial authorization, content license, or similar Specific Agreement, that agreement controls the Content and rights within its scope.

Nothing in these Terms replaces, expands, shortens, or otherwise modifies the rights, restrictions, compensation terms, or usage period established by a separate release.

9. CONFIDENTIALITY

Each party will protect and maintain the confidentiality of non-public business, technical, financial, Client, credential, strategy, project, and other information that is identified as confidential or reasonably should be understood to be confidential ("Confidential Information").

Each party will use the other's Confidential Information only as reasonably necessary for the applicable Offering and will not disclose it except to employees, contractors, advisors, or service providers who reasonably need the information and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that:

becomes publicly available without breach of an obligation;

was lawfully known without confidentiality restrictions;

is lawfully obtained from a third party without a duty of confidentiality; or

is independently developed without use of the other party's Confidential Information.

If disclosure is required by law, the receiving party will, where legally permitted, provide reasonable notice and disclose only the information legally required.

These confidentiality obligations survive termination for three (3) years. Trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

If the parties enter into a separate non-disclosure or confidentiality agreement, that Specific Agreement controls with respect to Confidential Information within its scope.

10. CONTRACTORS, DELIVERY PARTNERS, AND NON-CIRCUMVENTION

The Company may use employees, independent contractors, vendors, developers, hosting providers, payment processors, technology providers, and other delivery partners to perform Offerings.

Client authorizes the Company to provide such parties with Client Materials, credentials, project information, and access reasonably necessary to fulfill the applicable Offering, subject to applicable confidentiality and privacy obligations.

Where Client is introduced to or interacts with a Company contractor, vendor, or delivery partner through fulfillment of an Offering, Client agrees not to knowingly bypass or circumvent the Company to directly engage that party for competing or related services during the applicable service relationship and for twenty-four (24) months afterward without the Company's prior written approval.

This restriction does not apply to a relationship Client can demonstrate existed independently of and before the Company's introduction.

11. SCHEDULING AND LIVE SERVICES

If an Offering includes a consultation, meeting, call, session, or other scheduled service, the scheduling, cancellation, rescheduling, no-show, and forfeiture rules disclosed in the applicable Order Terms or Specific Agreement will apply.

Where no transaction-specific policy is provided, the Company may establish reasonable scheduling requirements before confirming the applicable appointment.

12. TERMINATION AND SUSPENSION

Client may discontinue or cancel an Offering according to the applicable Order Terms or Specific Agreement. Cancellation does not create a right to a refund except where expressly provided.

The Company may suspend or terminate services for material breach, nonpayment, unlawful activity, misuse of services, security risks, infringement of third-party rights, or conduct that materially interferes with the Company's ability to perform the Offering.

Where reasonably practicable and appropriate under the circumstances, the Company will provide notice and an opportunity to cure before terminating an ongoing paid service for material breach.

Termination does not eliminate obligations accrued before termination or provisions that by their nature are intended to survive.

13. DISCLAIMERS

Except for obligations expressly stated in an applicable Specific Agreement or Order Terms, Offerings are provided on an "as is" and "as available" basis to the fullest extent permitted by applicable law.

The Company does not guarantee any particular business, financial, advertising, marketing, search, sales, revenue, traffic, lead-generation, or other outcome unless expressly stated in a Specific Agreement.

Client remains responsible for decisions concerning Client's business and implementation or use of the Offerings.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, neither party will be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, or loss of data, arising from an Offering.

Unless a Specific Agreement provides a different limitation, the Company's aggregate liability arising from an Offering will not exceed the amount actually paid by Client to the Company for the applicable Offering during the twelve (12) months preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

15. INDEMNIFICATION

To the extent permitted by applicable law, Client agrees to indemnify and hold harmless the Company and its officers, employees, and affiliates from third-party claims, liabilities, damages, and reasonable costs arising from Client's unlawful use of an Offering, material breach of these Terms, Client Materials, or infringement or violation of a third party's rights.

Any indemnification obligations established by a Specific Agreement control with respect to that agreement's subject matter.

16. DISPUTE RESOLUTION AND GOVERNING LAW

Unless an applicable Specific Agreement expressly establishes a different dispute-resolution procedure, these Terms and disputes arising from them are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

The parties will first attempt in good faith to resolve disputes directly.

Any unresolved dispute, claim, or controversy arising from these Terms or an Offering will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules, with the arbitration seated in Denver, Colorado.

Where reasonably available and permitted under applicable rules, arbitration may be conducted remotely by videoconference.

Judgment on an arbitration award may be entered in any court having jurisdiction.

If a Specific Agreement contains its own governing-law, venue, arbitration, mediation, or dispute-resolution provision, that provision controls disputes within the scope of that Specific Agreement.

Nothing in this Section prevents either party from seeking temporary or injunctive relief from a court of competent jurisdiction where reasonably necessary to preserve rights or prevent immediate irreparable harm pending resolution of a dispute.

17. WRITTEN COMMUNICATIONS AND MODIFICATIONS

Where these Terms require an agreement, authorization, approval, notice, or other communication to be "in writing," the requirement may be satisfied by official email communication between the parties' authorized representatives that clearly documents the applicable communication.

An electronically signed document or other written electronic acceptance also satisfies a writing requirement.

Project-specific scopes, additions, modifications, fees, migration arrangements, and similar operational approvals may be documented through such communications where permitted by the applicable Specific Agreement.

The Company may update these general Terms from time to time by posting a revised version and updating the "Last Updated" date.

Material changes apply prospectively and will not retroactively alter the material commercial terms of a completed purchase or override an existing Specific Agreement unless the parties agree otherwise.

Where legally required or where a material change affects an ongoing recurring service, additional notice or consent may be provided or requested.

18. PRIVACY AND DATA

The Company may collect and process personal information as reasonably necessary to operate its website, process transactions, communicate with Clients, fulfill Offerings, maintain records, protect legal rights, and comply with applicable law.

The Company may use contractors, payment processors, hosting providers, technology providers, and other service providers as reasonably necessary for these purposes.

Where applicable privacy law provides an individual with rights to access, correct, delete, restrict, object to, or otherwise control personal information, requests may be submitted by email using the contact information below.

Where international transfers or processing are subject to applicable data-protection law, including the GDPR where applicable, the Company will use legally required safeguards.

Nothing in these Terms limits privacy rights that cannot lawfully be waived or restricted. Additional privacy practices may be described in the Company's Privacy Policy.

19. GENERAL TERMS

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

Failure to enforce a provision on one occasion does not waive the right to enforce it later.

The Company may assign these Terms in connection with a merger, acquisition, reorganization, change of control, or sale of substantially all relevant business assets. Otherwise, assignment is subject to any restrictions imposed by applicable law or a Specific Agreement.

Electronic records, electronic acceptance, and electronic signatures may be used in connection with Offerings.

Headings are provided for convenience and do not limit the meaning of these Terms.

20. ENTIRE AGREEMENT

These Terms do not, by themselves, supersede Specific Agreements.

Instead, these Terms, the applicable Order Terms, and any applicable Specific Agreement collectively constitute the agreement between the parties concerning the relevant Offering.

In the event of conflict, the order of precedence stated in Section 1 applies.

An NDA, model release, media release, consulting agreement, license, statement of work, order form, website services agreement, or other Specific Agreement remains effective according to its own terms and is not canceled merely because a party uses the website, makes another purchase, or accepts these general Terms.

Provisions concerning accrued payments, intellectual property, confidentiality, licenses and permissions, liability, indemnification, dispute resolution, and any other provisions that by their nature should survive will survive termination as applicable.

21. CONTACT INFORMATION

meet.marketingQs.com 

[email protected]