Terms of Service

These Terms of Service (“Terms”) govern your use of the website ninetyfifthmktg.com, operated by Ninetyfifth Marketing (“we,” “us,” or “our”). By accessing or using our website, you agree to be bound by these Terms.

Services Overview

Ninetyfifth Marketing provides digital marketing services including custom website design and development, search engine optimization (SEO), paid advertising management (Google Ads, Meta Ads), content production, and AI-powered tools and automation. The specific scope, terms, and pricing for any engagement are defined in a separate Statement of Work (SOW) or service agreement between Ninetyfifth Marketing and the client.

Website Use

You may use our website for lawful purposes only. You agree not to use the site in any way that violates applicable laws or regulations, attempt to interfere with the site’s functionality or security, submit false or misleading information through our contact form, or use automated tools to scrape or extract content from our site.

SMS Messaging Terms

By providing your phone number and opting in to receive text messages from Ninetyfifth Marketing, you agree to the following:

You consent to receive SMS messages from Ninetyfifth Marketing at the phone number you provided. These messages may include appointment confirmations, project updates, follow-up communications, and responses to your inquiries. Message frequency varies. Some months you may receive several messages; other months you may receive none.

Message and data rates may apply. Your mobile carrier’s standard messaging and data rates apply to all messages sent and received. Ninetyfifth Marketing is not responsible for any charges from your carrier.

Opt-out: You may opt out of SMS messages at any time by replying STOP to any message from us. After opting out, you will receive a single confirmation message and no further texts will be sent.

Help: For questions about our SMS messaging, reply HELP to any message or email contact@ninetyfifthmktg.com.

Supported carriers: SMS messaging is supported on all major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

Your consent to receive SMS messages is not required as a condition of purchasing any services. Your phone number and opt-in consent will not be shared with third parties for marketing purposes.

Intellectual Property

All content on this website — including text, graphics, logos, images, and code — is the property of Ninetyfifth Marketing and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without written permission.

For client engagements, intellectual property ownership is governed by the specific terms in your Statement of Work or service agreement.

Contact Form

Information submitted through our contact form is used solely to respond to your inquiry and communicate with you about our services. By submitting the form, you confirm that the information you provide is accurate and that you consent to being contacted at the email address and/or phone number provided. Please refer to our Privacy Policy for full details on how we handle your information.

Limitation of Liability

To the maximum extent permitted by law, Ninetyfifth Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this website or any services provided. Our total liability for any claim related to this website shall not exceed the amount you paid to us, if any, in the twelve months preceding the claim.

This website and its content are provided “as is” without warranties of any kind, either express or implied.

Indemnification

You agree to indemnify and hold harmless Ninetyfifth Marketing, its owner, and any contractors from any claims, damages, or expenses arising from your use of the website or violation of these Terms.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of any third-party sites. Visiting linked sites is at your own risk.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any disputes arising from these Terms or your use of this website shall be resolved in the state or federal courts located in Maricopa County, Arizona.

Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted on this page. Your continued use of the site after changes are posted constitutes acceptance of the updated Terms.

Contact Us

If you have questions about these Terms: