Terms and Conditions
These Terms & Conditions (“Terms”) govern your access to and use of the website of Bighorn Marketing, a Utah limited liability company (“Company,” “we,” “us,” or “our”), and any services provided through the Site or by contract (collectively, “Services”). By accessing or using the Site or Services, you agree to these Terms.
If you are entering into a Client Services Agreement with us, those contract terms supersede and control over these Terms where inconsistent.
Acceptance
By accessing or using this Site or engaging our Services, you agree to be bound by these Terms and any additional guidelines, rules, policies, or instructions we post or provide. If you do not agree with all of these Terms, do not access or use the Site or Services.
Definitions
“Client” or “you” means any individual or business that contracts with us for Services.
“Site” means bighorn.marketing and all related subdomains.
“Services” means provision of marketing, advertising, analytics, strategy, or related services offered by the Company.
Services
We provide digital advertising, marketing strategy, analytics reporting, and related services to businesses. All Services are subject to the terms of any signed client contract.
We do not guarantee any specific results, performance, return on ad spend, sales increases, rankings, or outcomes. Client acknowledges that performance can vary widely and is influenced by factors beyond our control.
Client Obligations
Client warrants and agrees to:
a) Provide complete, accurate, and lawful data, materials, and information required for Services;
b) Comply with all applicable laws, regulations, and platform policies (e.g., Google, Meta, TikTok);
c) Not use our Services for illegal, deceptive, infringing, or harmful purposes;
d) Maintain all rights to use any creative assets, trademarks, or data provided to us.
Fees and Payments
Fees, payment terms, deposits, and other financial obligations are set forth in the applicable client contract. Services may be suspended or terminated for late payment without liability.
No refunds are owed for Services already performed.
Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
a) Interfere with Site operations;
b) Attempt unauthorized access;
c) Use automated scraping or data extraction tools;
d) Violate any applicable local, national, or international law.
Intellectual Property
All content, trademarks, trade names, logos, designs, text, images, and other materials on the Site or created by us (“Company IP”) are owned or licensed by us and protected by intellectual property laws.
Client is granted a limited, non-exclusive license to use Company IP solely for approved purposes. No other rights are granted without our express written consent.
Client retains ownership of its pre-existing assets and any deliverables as defined in the separate client contract.
Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE RESULTS, CONTINUOUS AVAILABILITY, OR ERROR-FREE OPERATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
a) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
b) LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST REVENUE;
c) DAMAGES ARISING FROM THIRD-PARTY SERVICES OR PLATFORM ACTIONS.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO COMPANY BY YOU IN THE PRIOR 6 MONTHS.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:
a) Your use of the Site or Services;
b) Any breach of these Terms;
c) Your violation of applicable law;
d) Claims arising from your data, content, or use of third-party services.
Third-Party Services
The Site and our Services may integrate or link with third-party platforms (e.g., Google Ads, Meta, analytics tools). We are not responsible for their terms, performance, privacy policies, or actions.
You agree to comply with all third-party policies relevant to your use of Services.
Governing Law
These Terms and all disputes shall be governed by and construed in accordance with the laws of [Your State], without regard to conflict-of-law principles.
Dispute Resolution
Any dispute arising out of or relating to these Terms or Services shall be resolved first through good faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in [Your City, State] under the Commercial Arbitration Rules of the American Arbitration Association.
YOU AND COMPANY AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Changes to Terms
We may modify these Terms at any time. Changes are effective upon posting. Continued use constitutes acceptance of the updated Terms.
Contact
Bighorn Marketing LLC
P.O. 148, Riverton, UT 84065
Email: info@bighorn.marketing