Terms & Conditions

Market Climb provides marketing strategy, AI enablement, and advisory services to businesses, including community banks and other financial institutions. All engagements are governed by a separate written statement of work or services agreement ("SOW"), which controls in the event of any conflict with these Terms. Fees, payment terms, expenses, deliverables, and timelines are set out in the applicable SOW.

You represent that you are at least 18 years old and, if submitting the booking 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 demo or consultation, 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 site for any unlawful purpose or in violation of these Terms; (b) scrape, harvest, or crawl the site other than by well-behaved search engine indexing; (c) attempt to reverse engineer, disassemble, or interfere with the site's security, integrity, or availability; (d) upload malicious code; or (e) use the site to send unsolicited communications.

Our services and this website 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, disclosure, or AI system complies with applicable federal and state laws and regulations, and you should obtain independent review from qualified legal and compliance counsel before deployment.

Marketing outcomes depend on many factors outside our control. We do not warrant or guarantee any specific result, ranking, lead volume, conversion rate, revenue, or regulatory approval. Past performance and case results described on this site are illustrative and are not a promise of future outcomes.

All content on this site 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 this site (including former employers 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 site 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 site 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, 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 site 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, and Marketing & Advertising Disclosures.