Terms & Conditions

Market Climb Consulting, LLC provides marketing strategy, responsible AI enablement, advisory, website strategy, copywriting, design and development, digital sales systems, online visibility support, lead-generation strategy, paid advertising support, social strategy, CRM and lead-routing coordination, AI workspace configuration, workflow development, training and ongoing growth support.

Services may be delivered under the Market Climb Consulting or BUILD by Market Climb service lines. Each paid engagement is governed by a separate written statement of work or services agreement that defines fees, deliverables, responsibilities, timelines, third-party costs and ownership.

You represent that you are at least 18 years old and, if submitting a form or contacting us on behalf of an organization, that you are authorized to do so and that the information you provide is accurate. By booking a consultation or demonstration, you consent to receive transactional emails from us relating to that booking, including confirmations, reminders, reschedule notices and cancellations.

You agree not to (a) use the Sites for any unlawful purpose or in violation of these Terms; (b) scrape, harvest, or crawl the Sites other than by well-behaved search engine indexing; (c) attempt to reverse engineer, disassemble, or interfere with the Sites' security, integrity, or availability; (d) upload malicious code; or (e) use the Sites to send unsolicited communications.

Our services and the Sites are provided for general business and informational purposes only. Nothing we provide constitutes legal, regulatory, compliance, accounting, tax, or investment advice, including advice under the Truth in Lending Act (Regulation Z), Truth in Savings Act (Regulation DD), the Equal Credit Opportunity Act (Regulation B), UDAAP, GLBA, or state UDAP statutes. We are not a law firm and do not provide legal services or regulatory approvals. You are solely responsible for ensuring that any marketing program, website, disclosure, or AI system complies with applicable federal, state and industry-specific law, and you should obtain independent review from qualified legal and compliance counsel before deployment.

Some services rely on third-party platforms, software, hosting, advertising networks, AI providers or integrations. Those products are governed by their own terms, privacy practices, pricing and availability. Market Climb does not control and is not responsible for changes, outages, suspensions or actions by third-party providers.

These may include, depending on the engagement:

• Website builders and content management platforms
• Hosting and edge infrastructure providers
• Domain registrars
• CRM platforms
• Email and marketing systems
• Analytics platforms
• Advertising platforms
• Social networks
• Scheduling tools
• AI providers
• Plugins, fonts, stock assets and other licensed software

Platform, subscription and media costs are separate from service fees unless the applicable SOW says otherwise.

Clients represent that they have the right to provide and use all materials submitted to Market Climb. Clients remain responsible for approving published content and confirming that claims, offers, testimonials, disclosures, targeting criteria and business practices comply with applicable law.

The client is responsible for:

• The accuracy and legality of information it supplies
• Rights to logos, photos, videos, reviews, testimonials, trademarks and other materials
• Approval of copy, offers, claims, disclosures, audiences and creative before publication
• Industry-specific legal, regulatory and accessibility review
• Final business decisions, prices, quotes, estimates and commitments

Marketing, search, advertising and technology outcomes depend on many factors outside our control. Market Climb does not warrant or guarantee:

• Search rankings
• Placement or recommendations in ChatGPT, Claude or other AI tools
• Lead volume or lead quality
• Advertising performance
• Cost per lead
• Conversion rates
• Revenue
• Social reach
• Platform approval
• Regulatory approval
• Uninterrupted technology performance

Past performance and results described on the Sites are illustrative, reflect specific circumstances, and are not a promise or prediction of future outcomes.

• Media budgets are separate from service fees.
• Advertising platform fees are paid directly by the client unless otherwise agreed.
• The client approves audiences, offers, claims, landing pages and creative.
• The client is responsible for offer fulfillment and industry-specific disclosures.
• Prospect lists and outreach must be lawfully obtained and used.
• Market Climb may coordinate with specialist partners where appropriate.
• No lead, advertising or revenue outcome is guaranteed.

• Market Climb configures third-party AI platforms and workflows.
• Market Climb does not build or modify the underlying foundation model.
• AI-generated output may be incomplete, inaccurate or inappropriate.
• Human review is required before AI-assisted content is sent, posted, quoted or relied upon.
• The client is responsible for final decisions and communications.
• Third-party AI platform terms and costs apply.
• Confidential or sensitive information should only be used through approved processes.
• Client confidential information must not be used to train a public or shared foundation model unless expressly authorized in writing.

For website and digital build engagements, the applicable SOW will define:

• Scope and deliverables
• Revision limits
• Content and approval deadlines
• Ownership of copy, design and code
• Third-party licenses
• Domain and hosting responsibilities
• Subscription fees
• Maintenance obligations
• Security responsibility after launch
• Accessibility scope
• Launch approval
• Portfolio permission
• Termination and handoff procedures

Client ownership and licensing are defined in the applicable agreement. Third-party components — including platforms, themes, plugins, fonts, stock assets and hosted services — remain subject to their own licenses and are not automatically owned or transferable.

All content on the Sites is owned by Market Climb or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, or create derivative works without prior written permission. Deliverables produced under an engagement are licensed or assigned as set out in the applicable SOW.

Company names, logos, and trademarks referenced on the Sites (including former employers, platforms and clients) are the property of their respective owners and are used for identification and descriptive purposes only. Their use does not imply endorsement, affiliation, or sponsorship. Client names and logos are used only with written permission.

Each party will protect the other's non-public information disclosed in connection with an engagement using at least the same care it uses for its own confidential information (and no less than a reasonable standard of care), and will use it only for the engagement. Standard carve-outs apply for information that is public through no fault of the receiving party, independently developed, rightfully received from a third party, or required to be disclosed by law or valid legal process.

The Sites and our services are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, Market Climb disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

You will defend, indemnify, and hold harmless Market Climb and its personnel from any third-party claim arising out of (a) content, data, or materials you provide; (b) your use of deliverables outside the scope of the applicable SOW; (c) your regulatory or legal obligations; or (d) your breach of these Terms.

To the fullest extent permitted by law, Market Climb shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to the Sites or our services, even if advised of the possibility. Our total aggregate liability arising out of or relating to an engagement is limited to the fees paid by the client to Market Climb for that engagement in the twelve (12) months preceding the event giving rise to the claim.

Either party may terminate an engagement as provided in the applicable SOW, including for material breach not cured within thirty (30) days of written notice, or immediately for non-payment. Sections addressing intellectual property, confidentiality, warranty disclaimers, indemnification, limitation of liability, governing law, and any provision that by its nature should survive will survive termination.

Neither party will be liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil disturbance, labor disputes, utility or internet outages, third-party platform outages, or governmental action.

Before initiating any legal action, the parties will attempt in good faith to resolve the dispute through negotiation for at least thirty (30) days after written notice. If unresolved, disputes shall be brought exclusively in the state or federal courts located in Polk County, Iowa, and each party consents to personal jurisdiction there. Each party waives any right to a jury trial and to participate as a plaintiff or class member in any class or representative action.

These Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Material changes will be indicated by updating that date; your continued use of the Sites after changes take effect constitutes acceptance.

These Terms, together with any applicable SOW, constitute the entire agreement between the parties regarding the subject matter and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's written consent, except to a successor in a merger, acquisition, or sale of substantially all assets.

Notices to Market Climb Consulting, LLC may be sent to connect@marketclimbconsulting.com. A physical mailing address is available on request. See also our Privacy Policy, Cookie Policy, Marketing & Advertising Disclosures and Accessibility Statement.