TERMS AND CONDITIONS
Last Updated: May 29, 2026
1. Acceptance of Terms
By accessing or using the website of X Marketing ("Company," "we," "us," or "our"), including all content, services, tools, and features (collectively, the "Site"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the Site. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site constitutes acceptance of any changes.
2. Services and Scope
The Company provides website design, development, search engine optimization (SEO), content marketing, strategic consulting, and related digital services (collectively, "Services"). Any description of Services on the Site is for informational purposes only and does not constitute a binding offer. A binding agreement for Services occurs only when both parties execute a written engagement letter or contract.
3. No Guarantee of Results
You expressly acknowledge and agree that:
(a) The Company does not guarantee any specific outcomes from the Services, including but not limited to: increased website traffic, search engine rankings, lead generation, conversion rates, sales, revenue, or return on investment.
(b) Case studies, testimonials, performance metrics, and examples on the Site are specific to those clients and their unique circumstances. They do not represent typical or guaranteed results. Your actual outcomes may differ materially.
(c) Any statements about SEO rankings, "number one on Google," or similar language are aspirational descriptions of methodology, not guarantees. Search engine algorithms, competition, and market conditions are outside the Company's control.
(d) You assume all risk and responsibility for your business decisions and outcomes.
4. No Legal, Financial, or Tax Advice
All content on the Site is for general informational purposes only. Nothing on the Site constitutes legal, financial, or tax advice. You are solely responsible for consulting with qualified professionals regarding your specific circumstances.
5. Subscriptions, Payments, and Cancellation
(a) Certain Services are provided on a subscription basis. You agree to pay all fees as described in your contract or on the Site. All fees are non-refundable except as expressly stated in your contract.
(b) The Company reserves the right to change pricing for new subscribers at any time. Existing subscribers will receive notice of any price change according to their contract terms.
(c) You may cancel your subscription as described in your contract. Upon cancellation, your website and related content may be taken offline. Ownership of code, design files, and proprietary content is governed by your contract. No refunds are provided for partial billing periods.
(d) The Company may suspend or terminate your access to Services for non-payment, breach of these Terms, or any other reason at our sole discretion.
6. Intellectual Property
(a) All content on the Site, including text, graphics, logos, case studies, images, and custom designs, is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.
(b) You may not reproduce, distribute, modify, display, or create derivative works from any content on the Site without prior written permission from the Company.
(c) Any intellectual property created specifically for you under a Services agreement is governed by the terms of that agreement. Absent a written agreement to the contrary, the Company retains ownership of all code, designs, and proprietary methodologies.
7. Client Content and License
You retain ownership of any content, text, images, data, or materials you provide to the Company ("Client Content"). By providing Client Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purpose of providing Services to you.
8. Prohibited Conduct
You agree not to:
(a) Use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
(b) Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site.
(c) Transmit any viruses, malware, or other harmful code.
(d) Scrape, copy, or harvest any data from the Site without permission.
(e) Interfere with or disrupt the integrity or performance of the Site or Services.
9. Third-Party Links and Tools
The Site may contain links to third-party websites, tools, or resources. The Company does not control, endorse, or assume responsibility for any third-party content, privacy policies, or practices. Your use of third-party tools is at your own risk and subject to their terms.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, RELIANCE ON ANY INFORMATION CONTAINED HEREIN, OR THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE PAID NOTHING.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
(a) Your breach of these Terms;
(b) Your misuse of the Site or Services;
(c) Your violation of any applicable law or third-party rights;
(d) Any content you submit to the Site or provide to the Company.
13. Limitation on Time to File Claims
Any claim or cause of action arising from these Terms, the Site, or the Services must be filed within one (1) year after the claim arises, or it shall be permanently barred.
14. Governing Law and Venue
These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Exclusive jurisdiction and venue for any legal proceeding shall lie in the state or federal courts located in [Your County, Your State]. You expressly consent to the personal jurisdiction of such courts.
15. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.
(a) Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms, the Site, or the Services (including the breach, termination, or validity thereof) shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in [Your City, Your State], in the English language.
(b) Waiver of Class Actions. You agree that any arbitration or proceeding shall be conducted on an individual basis only. You waive the right to bring or participate in any class, consolidated, or representative action, whether in arbitration or court. The arbitrator may not consolidate more than one person's claims.
(c) Exceptions. Either party may bring an individual action in small claims court (if within jurisdiction) or seek injunctive relief in court to prevent actual or threatened infringement of intellectual property rights.
(d) No Jury Trial. You waive any right to a trial by jury.
(e) Costs. Each party shall bear its own arbitration fees and costs, except as required by applicable law.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with any written contract or engagement letter you have signed with the Company, constitute the entire agreement between you and the Company regarding the Site and Services, superseding any prior agreements or understandings.
18. Contact Information
For questions about these Terms, please contact us at:
X Marketing
[Insert Address]
[Insert Email]
[Insert Phone Number]