Terms and Conditions
The rules and guidelines governing your use of Independence Marketing's website and digital marketing services.
These Terms and Conditions ("Terms") govern your use of our website and the digital marketing services ("Services") provided by Independence Marketing, L.L.C. ("Independence Marketing," "us," "we," or "our"). By accessing our site or engaging our Services, you agree to be bound by these Terms.
1. Services
Independence Marketing provides strategic digital marketing services, including search engine optimization, paid media management, social media marketing, content strategy, email automation, and conversion optimization. The specific scope of Services—including deliverables, timelines, and fees—will be outlined in a separate Service Agreement or Statement of Work ("SOW") signed by both parties. These Terms are incorporated by reference into any SOW.
2. Payment Terms
The Client agrees to pay all fees as specified in the applicable SOW. Payments are typically due in advance of each service period unless otherwise agreed in writing. Late payments may incur interest charges and may result in suspension of Services until the account is brought current.
3. Intellectual Property
All pre-existing intellectual property of each party remains the property of that party. Work Product—including strategies, frameworks, creative assets, and internal methodologies—developed by Independence Marketing during the provision of Services remains our intellectual property unless otherwise stated in the SOW. Upon full payment, we grant the Client a non-exclusive, perpetual, worldwide license to use final deliverables approved for the Client's internal business purposes.
4. Client Responsibilities
The Client agrees to provide timely access to personnel, brand assets, analytics data, advertising accounts, and other resources required for Independence Marketing to perform the Services. Delays in providing these materials may affect project timelines and outcomes.
5. Confidentiality
Both parties agree to keep confidential all non-public information obtained during the engagement, including business strategies, financial data, and Campaign Data. This obligation survives termination of the agreement.
6. Termination
Either party may terminate a Service Agreement with written notice, typically thirty (30) days, unless otherwise specified in the SOW. Independence Marketing reserves the right to terminate Services immediately for material breach, including non-payment. Upon termination, the Client remains responsible for all fees incurred through the effective termination date.
7. Disclaimer of Warranties
Our Services are provided "AS IS." Independence Marketing disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee specific business outcomes—such as revenue increases, search rankings, or conversion rates—as results depend on market conditions, budget, competition, and factors outside our control.
8. Limitation of Liability
Our total liability to the Client for any claim arising from the Services or these Terms shall not exceed the total fees paid by the Client to Independence Marketing in the three (3) months preceding the claim. We are not liable for indirect, special, incidental, or consequential damages.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Missouri.
10. Changes to Terms
Independence Marketing reserves the right to modify these Terms at any time. Material changes will be communicated through our website or direct notice. Continued use of our Services after such changes constitutes acceptance of the updated Terms.
Contact Us
For questions regarding these Terms, please contact Independence Marketing, L.L.C. at 410 E Hadley, Aurora, MO 65605, by email at [email protected], or by phone at +1 (920) 530-0943.