Purpose of the Site

North Valley Marketing operates this Site to provide information about our company and our digital marketing services, including services such as paid advertising, search engine optimization, website management, social media marketing, marketing consulting, and related services for contractors, trades, home service businesses, and other clients.

The information provided on this Site is for general informational and marketing purposes and does not, by itself, create a client relationship between you and North Valley Marketing.

Client Services and Separate Agreements

Marketing services provided by North Valley Marketing may be governed by a separate proposal, service agreement, statement of work, order form, authorization, or other written agreement between North Valley Marketing and the client.

If there is any conflict between these Terms and a separate written agreement governing services provided to a client, the terms of the separate written agreement will control with respect to those services.

Pricing, payment terms, recurring charges, cancellation rights, refunds, service periods, deliverables, ownership rights, and other terms relating to client services will be governed by the applicable agreement, if any.

Nothing in these Terms modifies or replaces the terms of an existing client agreement.

No Guarantee of Marketing Results

North Valley Marketing may publish examples of past work, case studies, campaign results, performance data, testimonials, or other examples of results achieved for particular clients.

Past performance does not guarantee future results.

North Valley Marketing does not guarantee any particular level of website traffic, search engine ranking, leads, conversions, sales, revenue, return on advertising spend, cost per lead, advertising performance, or other business result unless such a guarantee is expressly stated in a separate written agreement signed by North Valley Marketing.

Marketing performance may be affected by numerous factors outside our control, including market conditions, competition, advertising budgets, customer behavior, seasonality, client responsiveness, changes in search engine algorithms, changes in advertising platforms, third-party policies, economic conditions, and other factors.

Third-Party Platforms and Services

North Valley Marketing may use, integrate with, recommend, or reference third-party platforms, websites, software, advertising systems, hosting providers, analytics tools, social media platforms, search engines, content management systems, or other third-party services.

These may include, without limitation, platforms operated by companies such as Google, Meta, Microsoft, hosting providers, domain registrars, website software providers, analytics providers, and other technology vendors.

North Valley Marketing does not control these third parties and is not responsible for their availability, security, performance, policies, pricing, decisions, suspensions, outages, algorithm changes, account restrictions, or other actions.

The availability of third-party services may change without notice.

Your use of any third-party website, platform, product, or service may be governed by that third party’s own terms, policies, and agreements.

Links to Third-Party Websites

The Site may contain links to websites or resources operated by third parties.

North Valley Marketing does not control and is not responsible for the content, security, accuracy, availability, privacy practices, or business practices of third-party websites.

The inclusion of a link does not necessarily constitute an endorsement of the third party, its website, its products, or its services.

You access third-party websites at your own discretion and risk.

Intellectual Property

Unless otherwise indicated, the Site and the original content created by North Valley Marketing, including text, graphics, designs, logos, website elements, written materials, and other original content, are owned by or licensed to North Valley Marketing and are protected by applicable copyright, trademark, and other intellectual property laws.

Certain names, logos, photographs, screenshots, trademarks, advertising materials, website examples, client materials, and other content displayed on the Site may belong to clients, vendors, technology providers, platform operators, or other third parties and may be used with permission or as otherwise permitted by law.

You may view and use the Site for your own lawful, personal, or internal business purposes.

Unless you have received prior written permission from North Valley Marketing or the applicable rights holder, you may not reproduce, republish, distribute, sell, license, modify, create derivative works from, commercially exploit, or otherwise use protected Site content beyond what is permitted by law.

Nothing in these Terms grants you ownership of any intellectual property belonging to North Valley Marketing or any third party.

Information and Materials You Submit

You may provide information to North Valley Marketing through contact forms, questionnaires, email communications, consultation requests, project inquiries, or other methods.

You retain ownership of materials you submit to us.

By submitting information or materials, you grant North Valley Marketing permission to use, review, store, reproduce, and share those materials only to the extent reasonably necessary to:

• respond to your inquiry;
• evaluate a potential business relationship;
• communicate with you;
• prepare proposals or recommendations;
• provide requested services;
• administer our business relationship; or
• fulfill another purpose for which the information was submitted.

You represent that you have the right to provide any information or materials you submit to North Valley Marketing.

Submitting information to North Valley Marketing does not automatically grant us the right to publicly use your name, logo, testimonial, photographs, campaign materials, business results, or other materials for advertising, promotional, portfolio, or case-study purposes.

Any such public use may instead be governed by a separate client agreement, authorization, release, or other permission.

Acceptable Use

You agree not to use the Site in any way that:

• violates any applicable law or regulation;
• infringes the intellectual property or other rights of another person or entity;
• attempts to gain unauthorized access to the Site, our systems, or related networks;
• introduces viruses, malware, malicious code, or other harmful technology;
• interferes with or disrupts the operation or security of the Site;
• attempts to scrape, harvest, extract, or collect information from the Site through unauthorized automated means;
• impersonates another person or misrepresents your identity or affiliation;
• attempts to use the Site for fraudulent, deceptive, abusive, or unlawful purposes; or
• otherwise materially interferes with another person’s lawful use of the Site.

We reserve the right to restrict access to the Site when we reasonably believe these Terms have been violated.

Electronic Communications

When you contact North Valley Marketing electronically, including through the Site, email, forms, or other electronic means, you consent to receive communications from us electronically in response to your inquiry or in connection with our business relationship.

Electronic communications may include proposals, agreements, invoices, notices, disclosures, service communications, and other business records.

To the extent permitted by applicable law, you agree that electronic communications may satisfy legal requirements that certain communications be provided in writing.

Marketing communications, where applicable, may be subject to additional consent, opt-out, or other legal requirements.

Privacy

Your use of the Site is also subject to our Privacy Policy.

Our Privacy Policy describes how North Valley Marketing may collect, use, store, disclose, and otherwise process information obtained through the Site and related services.

Where third-party technologies such as analytics, advertising tools, cookies, tracking technologies, forms, or other integrations are used, information may also be processed by those third parties in accordance with applicable agreements and privacy policies.

Accuracy of Website Information

North Valley Marketing makes reasonable efforts to provide useful and accurate information on the Site. However, we do not warrant that all Site content will always be complete, current, accurate, or error-free.

Information regarding services, pricing, availability, results, personnel, technology, industry practices, third-party platforms, and other matters may change over time.

North Valley Marketing reserves the right to modify, remove, correct, or update Site content at any time without notice.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NORTH VALLEY MARKETING MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE OPERATION, AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, OR SUITABILITY OF THE SITE OR ITS CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTH VALLEY MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NO INFORMATION PROVIDED THROUGH THE SITE SHOULD BE CONSTRUED AS A GUARANTEE OF ANY PARTICULAR BUSINESS OR MARKETING RESULT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTH VALLEY MARKETING AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTH VALLEY MARKETING WILL NOT BE LIABLE FOR LOSSES CAUSED BY THIRD-PARTY WEBSITES, SOFTWARE, SERVICES, PLATFORMS, HOSTING PROVIDERS, SEARCH ENGINES, ADVERTISING SYSTEMS, OR OTHER THIRD-PARTY TECHNOLOGIES.

Any limitations relating specifically to professional services provided by North Valley Marketing may also be governed by a separate client agreement.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, these provisions will apply only to the maximum extent permitted by law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless North Valley Marketing and its owners, officers, employees, contractors, agents, affiliates, and service providers from and against claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising from or relating to:

• your unlawful or unauthorized use of the Site;
• your violation of these Terms;
• materials you submit through the Site;
• your infringement of another person’s rights; or
• your violation of applicable law.

North Valley Marketing reserves the right to assume control of the defense of any matter subject to indemnification, in which case you agree to reasonably cooperate with us.

Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the use of the Site that cannot be resolved informally may, to the extent permitted by applicable law, be resolved through binding arbitration under the Federal Arbitration Act.

Unless the parties agree otherwise, arbitration will be conducted before a single neutral arbitrator through the American Arbitration Association or another mutually agreed arbitration provider.

The location, procedures, and allocation of arbitration costs will be determined in accordance with the applicable arbitration rules and applicable law.

The arbitrator’s award may be entered as a judgment in any court having jurisdiction.

This provision is intended to apply only to the extent legally enforceable.

Any dispute arising from professional services provided to a client may instead be governed by the dispute-resolution provisions contained in the applicable client agreement.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

Neither party may bring or participate in a class, collective, consolidated, or representative action against the other in connection with a dispute governed by these Terms, except where applicable law does not permit such a waiver.

Governing Law

These Terms and your use of the Site will be governed by the laws of the State of Montana, without regard to conflict-of-laws principles, except where federal law applies.

To the extent a dispute is not subject to arbitration and applicable law permits the parties to select jurisdiction, the parties consent to the jurisdiction of the appropriate state or federal courts located in Montana.

International Users

The Site is controlled and operated by North Valley Marketing from the United States.

If you access the Site from outside the United States, you are responsible for complying with laws and regulations applicable in your jurisdiction.

North Valley Marketing does not represent that the Site or its content is appropriate or legally available for use in every jurisdiction.

Termination or Restriction of Access

North Valley Marketing reserves the right to restrict, suspend, or terminate access to all or part of the Site if reasonably necessary to protect the Site, our business, other users, or third parties, or if we believe the Site is being used unlawfully or in violation of these Terms.

Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where possible.

The remaining provisions will remain in full force and effect.

No Partnership or Agency

Your use of the Site does not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency relationship between you and North Valley Marketing.

A client relationship is created only when North Valley Marketing and the client enter into an applicable agreement or otherwise expressly agree to establish such a relationship.

Entire Agreement Regarding Website Use

These Terms, together with the Privacy Policy and any other policies expressly incorporated into them, constitute the agreement between you and North Valley Marketing regarding your use of the Site.

These Terms do not supersede or replace separate written agreements governing services provided by North Valley Marketing to clients.

Changes to These Terms

North Valley Marketing may revise these Terms from time to time.

When changes are made, the revised version will be posted on the Site with an updated effective date.

Your continued use of the Site after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.

Contact Information

Questions regarding these Terms may be directed to:

North Valley Marketing
RR1 Box 1079-A
Hardin, Montana 59034

Email: chad.beachy@northvalleymarketing.com
Phone: 406-671-2233