These Terms and Conditions ("Terms") govern your access to and use of the website located at mrktcorrect.com (the "Site") and all services provided by Market Correct ("we," "us," or "our," and collectively, the "Services"). By accessing or using the Site or engaging us for any Services, you confirm that you've read these Terms, that you understand them, and that you agree to be legally bound by them.
If you don't agree to any part of these Terms, you must stop using the Site and must not engage us for Services.
1. Acceptance of Terms
By accessing the Site, submitting a contact form, signing a proposal or service agreement, making any payment, or receiving any Services from Market Correct, you agree to be bound by these Terms. These Terms apply to all visitors, users, and prospective clients regardless of how they reached the Site.
If you're entering into these Terms on behalf of a company, LLC, corporation, or other legal entity, you represent that you have the legal authority to bind that entity to these Terms. If you don't have that authority, you may not access or use the Services on that entity's behalf.
2. Geographic Restrictions
Important Notice Regarding the State of Arizona
Market Correct does not accept clients located in, operating in, or primarily targeting the State of Arizona. This restriction is in effect as of the date of these Terms and is ongoing. We don't have a timeline for when, or whether, this restriction will change.
This limitation exists due to existing contractual obligations that prohibit us from accepting Arizona-based clientele. We're unable to disclose the specific nature of those obligations, but the restriction is binding, non-negotiable, and fully enforceable.
If you're located in Arizona, or if your business operates primarily within Arizona, you're not eligible to engage Market Correct for Services at this time. Any inquiry, proposal, or agreement entered into in violation of this restriction is void and unenforceable from the outset. Market Correct reserves the right to immediately terminate any engagement, without refund obligation, if it determines post-engagement that a client falls within this geographic restriction.
By submitting a contact form, signing any agreement, or making any payment to Market Correct, you represent and warrant that you and your business do not fall within the Arizona restriction described here.
Outside of the Arizona restriction described above, Market Correct provides Services to clients across the United States and internationally, subject to applicable laws and any additional geographic limitations that may be introduced in the future. We reserve the right to add geographic restrictions at any time by updating these Terms.
3. Services Description
Market Correct provides performance marketing services, including but not limited to Google Ads management, paid social media advertising, programmatic advertising, and related digital marketing consulting (collectively, the "Services"). The specific scope, deliverables, and timelines for any engagement will be defined in a separate written agreement, statement of work, or proposal between Market Correct and the client.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We'll make reasonable efforts to notify active clients of material changes, but we're not liable for any modification, suspension, or discontinuation of Services.
Market Correct operates as an independent contractor in all client relationships. Nothing in these Terms or any service agreement creates a partnership, joint venture, agency, franchise, or employment relationship between Market Correct and any client.
4. Eligibility
To use the Services, you must meet all of the following requirements:
- Be at least 18 years of age
- Have the legal capacity and authority to enter into binding contracts
- Not be subject to any legal prohibition that would prevent you from receiving these Services
- Not be located in, operate primarily in, or primarily target audiences in the State of Arizona (see Section 2)
- Not be in violation of any applicable federal, state, local, or international law in connection with your use of the Services
Market Correct reserves the right to refuse service to any individual or entity at our sole discretion, for any reason or no reason, including but not limited to eligibility concerns, capacity constraints, or geographic restrictions.
5. Permitted Use
5.1 Lawful Use Only
You may use our Site and Services only for lawful purposes and in full compliance with these Terms. You agree not to use the Site or Services in any way that:
- Violates any applicable federal, state, local, or international law or regulation
- Is false, misleading, or deceptive about your business, products, or identity
- Infringes or misappropriates the intellectual property rights of any third party
- Involves the promotion of illegal products, services, or activities
- Attempts to gain unauthorized access to any part of the Site or our systems
- Interferes with or disrupts the integrity or performance of the Site or Services
- Is intended to harm, defraud, or exploit any person or entity
5.2 Platform Compliance
All advertising campaigns managed by Market Correct are subject to the terms, policies, and guidelines of the relevant third-party ad platforms, including but not limited to Google, Meta, and any programmatic advertising exchanges. You agree to comply with all such platform policies as they pertain to your business, products, and advertising content. Market Correct isn't responsible for campaign suspensions, account restrictions, or policy violations that arise from your failure to provide accurate information or your business's non-compliance with platform rules.
6. Client Obligations
Engaging Market Correct for Services comes with responsibilities on your end. By working with us, you agree to:
- Provide accurate, current, and complete information about your business, products, services, target audience, and marketing objectives
- Promptly notify us of any changes to your business, legal status, or market conditions that could affect campaign performance or compliance
- Respond to our requests for information, approvals, or materials in a timely manner. Delays on your end can directly affect campaign performance, and Market Correct isn't responsible for results impacted by client delays
- Grant us access to all ad accounts, analytics platforms, and third-party tools necessary to perform the Services
- Maintain ownership of, and all necessary rights and licenses to, any materials, creative assets, trademarks, or content you provide to us
- Comply with all applicable advertising laws, platform policies, and industry regulations that apply to your specific business and industry
- Ensure that your landing pages, websites, and other digital properties comply with applicable platform policies and consumer protection laws
- Pay all fees and charges in accordance with the agreed payment terms
You represent and warrant that all information you provide to Market Correct is truthful and accurate, and that your business is legally permitted to advertise its products and services in the jurisdictions where we'll be running campaigns on your behalf.
7. Fees and Payment
7.1 Service Fees
Our fees are set forth in a separate written agreement, proposal, or statement of work. All fees are exclusive of applicable taxes. You're responsible for all taxes, levies, or duties imposed by taxing authorities based on the Services we provide, excluding taxes based on Market Correct's income.
7.2 Payment Terms
Unless otherwise specified in writing, invoices are due upon receipt. Late payments are subject to interest charges at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. Market Correct reserves the right to suspend or terminate Services immediately for non-payment, without liability to you for any resulting disruption to active campaigns.
7.3 Advertising Spend
Client is solely responsible for all advertising spend billed directly by third-party platforms such as Google, Meta, or any programmatic exchange. Market Correct's management fees are entirely separate from and in addition to any advertising spend. Advertising budgets, spend pacing, and platform billing are governed by the terms of the applicable service agreement and the relevant platform's billing policies. Market Correct doesn't guarantee any specific results tied to a given level of ad spend.
7.4 Refunds
All fees paid to Market Correct for services rendered are non-refundable, unless otherwise expressly agreed to in writing. If Market Correct terminates an engagement early without cause, we'll refund any pre-paid fees attributable to the period following the termination date.
8. Intellectual Property
8.1 Market Correct's Intellectual Property
The Site and all of its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, proprietary methodologies, reporting formats, and software, are owned by Market Correct or our licensors and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. You don't have any right to use our intellectual property without our prior written consent.
8.2 Client Materials
You retain full ownership of all materials, content, brand assets, and information you provide to us ("Client Materials"). By providing Client Materials, you grant Market Correct a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display those materials solely for the purpose of delivering the Services to you. This license ends when the engagement terminates.
8.3 Work Product
Unless otherwise stated in a written agreement, all advertising campaigns, ad copy, audience structures, campaign architecture, and strategic frameworks developed by Market Correct during an engagement ("Work Product") remain the intellectual property of Market Correct until full payment of all outstanding fees has been received. Upon receipt of full payment, ownership of Work Product specific to your campaigns transfers to you. Market Correct retains the right to use anonymized, aggregated, or generalized campaign insights and methodologies for internal learning and for our own marketing purposes.
8.4 Portfolio and Reference
Market Correct may reference your business as a client and describe campaign results in anonymized or aggregated form for portfolio and marketing purposes. If we want to identify your business by name in a testimonial or reference, we'll get your written approval first.
9. Confidentiality
Both parties agree to hold in strict confidence any proprietary or non-public information disclosed by the other party in the course of the engagement ("Confidential Information"), and to use that information solely for the purpose of performing under these Terms. Each party agrees to protect the other's Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event with less than reasonable care.
This confidentiality obligation does not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was already known to the receiving party at the time of disclosure
- Is independently developed by the receiving party without use of Confidential Information
- Is disclosed with the prior written approval of the disclosing party
- Must be disclosed by law, court order, or regulatory requirement, provided the receiving party gives prompt written notice to the disclosing party where legally permissible
These confidentiality obligations survive termination of the engagement for a period of three (3) years.
10. No Guarantee of Performance
Digital advertising outcomes depend on a large number of factors outside our control, including platform algorithm changes, competitive market conditions, the quality of your landing pages and product offerings, budget levels, ad auction dynamics, and broader economic conditions. Market Correct makes no guarantee, representation, or warranty regarding specific campaign performance, return on ad spend, lead volume, conversion rates, revenue, or any other performance metric.
We'll always work in your best interest and apply our experience and expertise to every engagement. But digital advertising doesn't come with guarantees, and anyone who tells you otherwise isn't being straight with you. Any performance projections or estimates we provide are for planning purposes only and don't constitute a commitment or warranty.
11. Warranties and Disclaimers
11.1 Services Warranty
Market Correct warrants that we'll perform the Services in a professional and workmanlike manner, consistent with generally accepted industry standards. This warranty is contingent on you providing accurate information and reasonably cooperating with our requests throughout the engagement.
11.2 Disclaimer of Implied Warranties
12. Limitation of Liability
Our total cumulative liability to you for all claims arising out of or relating to these Terms or the Services, regardless of the form of action, shall not exceed the total fees actually paid by you to Market Correct in the six (6) calendar months immediately preceding the event giving rise to the claim.
Some jurisdictions don't allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Market Correct and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your breach of these Terms or any representation or warranty contained herein
- Your violation of any applicable law, regulation, or platform policy
- Any claim that your Client Materials, products, services, or advertising content infringes or misappropriates the intellectual property, privacy, or other rights of any third party
- Your gross negligence or willful misconduct
- Any false or misleading information you provided to Market Correct in connection with the Services
Market Correct reserves the right to assume exclusive control of the defense of any matter subject to your indemnification, at your expense. You agree to cooperate fully with Market Correct in the defense of any such claim.
14. Term and Termination
14.1 Term
These Terms take effect when you first access the Site or engage us for Services and remain in effect until terminated by either party in accordance with this Section. Specific service engagements have their own start and end dates as defined in the applicable written agreement.
14.2 Termination by Client
Unless a separate service agreement specifies a different notice period, you may terminate an active engagement by providing thirty (30) days' prior written notice to Market Correct. You remain responsible for all fees accrued through the effective termination date, including any fees that come due during the notice period. Termination doesn't entitle you to any refund of fees already paid.
14.3 Termination by Market Correct
Market Correct may terminate or suspend your access to the Services immediately, without prior notice or liability, if:
- You breach any provision of these Terms and fail to cure the breach within five (5) business days of written notice from us
- You fail to make any payment when due
- We determine that you or your business falls within the Arizona geographic restriction described in Section 2
- Your use of the Services violates any applicable law or third-party platform policy
- Continuing the engagement would require Market Correct to violate any contractual obligation owed to a third party
14.4 Effect of Termination
Upon termination, your right to use the Services ceases immediately, and we'll take reasonable steps to wind down any active campaigns in an orderly manner. All outstanding fees become immediately due and payable. The following sections survive termination and continue in full force and effect: Sections 2, 7, 8, 9, 11, 12, 13, 15, and 16.
15. Dispute Resolution
15.1 Governing Law
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles that would require the application of the law of any other jurisdiction.
15.2 Informal Resolution
Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute informally by contacting Market Correct through the contact page. Both parties will make a good-faith effort to resolve the dispute within thirty (30) days of the initial notice.
15.3 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including questions about their existence, scope, validity, breach, or termination, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted remotely or, if in-person proceedings are required, in Los Angeles, California. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
15.4 Class Action Waiver
15.5 Exceptions
Notwithstanding the arbitration requirement above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm to intellectual property rights, trade secrets, or confidential information, pending the resolution of an arbitration proceeding.
16. General Provisions
16.1 Entire Agreement
These Terms, together with any applicable written service agreements, statements of work, or proposals, constitute the entire agreement between you and Market Correct with respect to the Services. They supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to their subject matter.
16.2 Modifications to These Terms
Market Correct reserves the right to modify these Terms at any time. When we make material changes, we'll update the "Last Updated" date at the top of this page. Your continued use of the Site or Services after the updated Terms are posted constitutes your acceptance of the modified Terms. If you don't agree to the modified Terms, you must stop using the Site and Services and notify us in writing to terminate any active engagement.
16.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification isn't possible, it will be severed from these Terms. The remaining provisions will continue in full force and effect.
16.4 No Waiver
Market Correct's failure to enforce any right or provision of these Terms at any time does not waive our right to enforce that provision in the future. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Market Correct.
16.5 Assignment
You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment without consent is null and void. Market Correct may assign these Terms or any rights or obligations hereunder freely, without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of our assets.
16.6 Force Majeure
Neither party shall be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, acts of governmental authorities, internet or telecommunications failures, or platform-wide outages affecting third-party ad networks. The affected party must provide prompt written notice and use reasonable efforts to resume performance as soon as practicable.
16.7 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing in these Terms creates or is intended to create any rights or remedies for any third party.
16.8 Notices
All legal notices under these Terms must be submitted in writing via our contact page. Notices sent by email or submitted through the contact form are considered delivered when Market Correct confirms receipt in writing.
16.9 Headings
Section headings in these Terms are for convenience only and have no legal effect. They don't affect the interpretation of any provision.
17. Contact
If you have questions about these Terms, a concern about a specific provision, or if you need to provide legal notice to Market Correct, please reach out through our contact page at mrktcorrect.com.