These Terms and Conditions ("Terms") govern your access to and use of the website located at www.wilsonmarketingco.com ("Website") and the services provided by Wilson Marketing Co. ("Wilson Marketing Co.," "we," "our," or "us") to you ("User," "you," or "your"). By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or services.
1. Acceptance of Terms
By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations.
We may modify these Terms from time to time. When we do, we will post the revised Terms on this page and update the Effective Date above. If we make material changes, we will provide reasonable advance notice, such as by email to clients with an active engagement or by a prominent notice on the Website. Changes will not apply retroactively. Your continued use of the Website or services after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Website and services.
2. Eligibility
You must be at least 18 years old, and able to form a binding contract, to use the Website or our services. If you use the Website or services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms. The Website is not directed to children under 13, and we do not knowingly collect personal information from them.
3. Use of Website
Wilson Marketing Co. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal and business purposes in accordance with these Terms. You agree not to:
Use the Website in any way that may damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
Transmit viruses, malware, or other harmful code, or otherwise harm, disrupt, or impede the functionality of the Website.
Use any robot, spider, scraper, or other automated system or software to access, scrape, or extract data from the Website without our prior written consent.
Attempt to gain unauthorized access to any part of the Website, its servers, or any connected systems.
Violate any applicable local, state, national, or international law or regulation.
4. Client Agreements
If you engage Wilson Marketing Co. for services under a separate written agreement, such as a proposal, statement of work, or master services agreement (a "Client Agreement"), the Client Agreement governs those services, including fees, payment, deliverables, ownership of work product, and confidentiality. If these Terms conflict with a Client Agreement, the Client Agreement controls. These Terms continue to govern your use of the Website.
5. User Content
You are responsible for any content you upload, submit, or post on our Website, including form submissions, comments, testimonials, and files ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Wilson Marketing Co. a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute the User Content as needed to operate the Website and provide our services. We will not publish your name or testimonial in our marketing without your permission.
You represent that you have all rights necessary to submit your User Content, and you agree not to submit, post, or transmit any content that:
Violates the intellectual property, privacy, or other rights of others.
Is defamatory, harassing, harmful, obscene, or otherwise offensive.
Contains viruses, malware, or other harmful software.
Is false, misleading, or deceptive.
We may remove or disable any User Content that violates these Terms or that we consider inappropriate, at our sole discretion.
6. Privacy Policy
Your use of the Website and services is also governed by our Privacy Policy, which explains how we collect, use, share, and protect personal information, including information collected through cookies, analytics, and similar technologies. Please review it carefully.
7. Payment and Billing
This section applies to paid services purchased through the Website or invoiced by us, except to the extent a Client Agreement provides otherwise.
Fees: You agree to pay the fees for the services you request, at the pricing in effect at the time of your request or as stated in your quote or invoice.
Billing Information: You agree to provide accurate, complete, and current billing information.
Payment Terms: Payments are due according to the terms stated at checkout or on your invoice. Late or missed payments may result in suspension or termination of services.
Recurring Services: If you purchase services billed on a recurring basis, such as a monthly retainer or subscription, we will clearly disclose the amount, billing frequency, and renewal terms before you are charged. Recurring services renew automatically until cancelled. You may cancel at any time by emailing contact@wilsonmarketingco.com or by any other cancellation method we provide. Cancellation takes effect at the end of the current billing period, and you will not be charged for later periods.
Refunds: Fees for services already performed are non-refundable. Fees paid in advance for services not yet performed may be refunded or credited as described in your quote, invoice, or Client Agreement. Nothing in this section limits any refund rights you have under applicable law.
8. Intellectual Property
The Website and its content, including text, graphics, logos, images, software, and designs ("Website Content"), are owned by or licensed to Wilson Marketing Co. and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, or reproduce any Website Content without our prior written consent, except as expressly permitted by these Terms.
This section does not govern ownership of deliverables or work product created for clients. Ownership of client deliverables is governed by the applicable Client Agreement.
9. Copyright Complaints
We respect the intellectual property rights of others. If you believe content on the Website infringes your copyright, please send a written notice to contact@wilsonmarketingco.com that includes:
Your contact information and a physical or electronic signature.
A description of the copyrighted work you claim has been infringed.
The location on the Website of the material you claim is infringing.
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
10. Third-Party Links and Services
The Website may contain links to, or integrations with, third-party websites, tools, and services that we do not own or control. We are not responsible for the content, policies, or practices of any third party, and your use of third-party websites and services is at your own risk and subject to their terms.
11. Disclaimers
The Website and all services provided by Wilson Marketing Co. 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, and non-infringement, except as expressly stated in a Client Agreement. We do not warrant that the Website will be error-free or uninterrupted or that defects will be corrected. Marketing results depend on many factors outside our control, and we do not guarantee any particular outcome, such as specific traffic, rankings, leads, or revenue.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
12. Limitation of Liability
To the fullest extent permitted by law, Wilson Marketing Co. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of, or inability to use, the Website or services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability to you for any claim arising from or related to these Terms, the Website, or our services will not exceed the amount you paid to Wilson Marketing Co. for services in the 12 months preceding the event giving rise to the claim.
Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Wilson Marketing Co. and its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, damage, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to:
Your use of the Website.
Any User Content you submit or post.
Your violation of these Terms or any applicable law.
14. Termination
We may suspend or terminate your access to the Website at any time, without notice, if we believe you have violated these Terms, or for any other reason at our sole discretion. Upon termination, your right to use the Website ends immediately, and you must stop using and destroy any Website Content you downloaded from the Website. Termination of Website access does not affect your rights to deliverables provided under a Client Agreement, which are governed by that agreement.
Sections 5 (User Content), 7 (Payment and Billing, as to amounts owed), 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law and Disputes), and 17 (Miscellaneous) survive any termination.
15. Electronic Communications
By using the Website or contacting us, you consent to receive communications from us electronically, including by email and through notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Notices to us must be sent to the contact information in Section 18.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of [State], without regard to its conflict of law principles. Before filing any claim, you and we agree to try to resolve the dispute informally by contacting the other party in writing and negotiating in good faith for at least 30 days. Any dispute that is not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in [County], [State], and you and we consent to personal jurisdiction in those courts.
17. Miscellaneous
Entire Agreement: These Terms and our Privacy Policy are the entire agreement between you and Wilson Marketing Co. regarding your use of the Website. If you have a Client Agreement with us, that agreement, together with these Terms where they do not conflict, governs the services provided under it.
Severability: If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later. No waiver of any term will be deemed a further or continuing waiver of that term or any other term.
Assignment: Wilson Marketing Co. may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Force Majeure: We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, outages of internet or hosting services, labor disputes, government action, or other similar events.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Wilson Marketing Co. Salem, Oregon contact@wilsonmarketingco.com