Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website, content, and services provided by Marketix LLC ("Marketix," "we," "us," or "our") (collectively, the "Services"). Please read them carefully.
1. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have full authority to bind that organization to these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Services.
2. Use of the Services
You may use the Services only in compliance with these Terms and all applicable laws. You agree not to:
- Use the Services in any unlawful, harmful, deceptive, or fraudulent manner;
- Interfere with or disrupt the integrity, security, or performance of the Services;
- Attempt to gain unauthorized access to any systems, accounts, or data;
- Reverse engineer, decompile, disassemble, or copy any part of the Services except as expressly permitted by law;
- Use the Services to infringe, misappropriate, or violate the rights of any third party; or
- Use the Services in any manner that could expose Marketix to legal liability or reputational harm.
Marketix reserves the right to investigate suspected violations and take any action it deems appropriate, including immediate termination of access.
3. Engagements and Orders
Specific services provided to clients may be governed by a separate written agreement, statement of work, or order form ("Engagement Agreement"). Where an Engagement Agreement expressly conflicts with these Terms, the Engagement Agreement controls solely for that engagement and solely to the extent of the conflict. These Terms otherwise remain in full force.
4. Intellectual Property
The Services — including all text, graphics, logos, software, tools, methodologies, and content (excluding client-provided materials) — are owned by Marketix or its licensors and are protected by applicable intellectual property laws. Marketix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website solely for its intended purpose. No other rights are granted. You retain ownership of materials you provide to us and grant Marketix a limited license to use such materials solely to perform the Services.
5. Third-Party Services and Links
The Services may integrate with or link to third-party products, platforms, or websites. Marketix has no control over, and expressly disclaims all responsibility and liability for, the content, accuracy, availability, policies, or practices of any third party. Your use of third-party services is entirely at your own risk and subject to those parties' own terms and policies. Marketix is not a party to any transaction or relationship between you and any third party.
6. Disclaimers
THE SERVICES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKETIX AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
MARKETIX DOES NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS;
- ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR
- THE SERVICES OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY DECISIONS MADE IN RELIANCE ON THEM.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) EXCLUSION OF DAMAGES. MARKETIX AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OPPORTUNITY, OR REPUTATION, EVEN IF MARKETIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) CAP ON LIABILITY. IN NO EVENT SHALL MARKETIX'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE LESSER OF: (I) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO MARKETIX FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED US DOLLARS (USD $100).
(C) ESSENTIAL BASIS. YOU ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARKETIX, AND THAT MARKETIX WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
(D) CLAIMS PERIOD. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE CLAIMING PARTY KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE CLAIM. CLAIMS NOT BROUGHT WITHIN THIS PERIOD ARE PERMANENTLY BARRED.
8. Indemnification
You agree to defend, indemnify, and hold harmless Marketix and its members, officers, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law; (c) your negligence, misconduct, or fraud; (d) any materials or content you provide to Marketix; or (e) any dispute between you and a third party. Marketix reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense.
9. Termination
Marketix may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice, including if you violate these Terms or if Marketix elects to discontinue the Services. Upon termination, your right to use the Services ceases immediately. Marketix shall have no liability to you for any termination. Sections 4, 6, 7, 8, 10, and this sentence shall survive any termination or expiration of these Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws provisions. Before initiating any formal proceeding, you agree to contact Marketix and make a good-faith effort to resolve any dispute informally for at least thirty (30) days. For any dispute not resolved informally and not subject to a separate Engagement Agreement, you consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM ARISING UNDER THESE TERMS.
11. Miscellaneous
- Severability. If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
- Entire Agreement. These Terms (and any applicable Engagement Agreement) constitute the entire agreement between you and Marketix regarding the Services and supersede all prior agreements and understandings.
- No Waiver. Marketix's failure to enforce any provision shall not be deemed a waiver of future enforcement.
- No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Marketix.
- Assignment. You may not assign your rights or obligations under these Terms without Marketix's prior written consent. Marketix may assign these Terms freely.
12. Changes to These Terms
We may update these Terms at any time. When we do, we will revise the "Last updated" date above. Your continued use of the Services after any revision constitutes your binding acceptance of the updated Terms. If you do not agree to revised Terms, you must stop using the Services.
13. Contact Us
Questions about these Terms? Reach us through our contact page. Marketix LLC is a remote-first company based in the United States.
