Terms of Service

These terms of service document establishes the legal framework governing your relationship with Marketing Powered, LLC ('Marketing Powered,' 'we,' 'us,' or 'our'). By accessing our website, engaging our services, or entering into any service agreement with Marketing Powered, you ('User,' 'Client,' or 'you') acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Marketing Powered specializes in behavioral health and mental health marketing, operating within Google's sensitive healthcare vertical restrictions and maintaining awareness of LegitScript certification requirements for addiction treatment advertising. Our agency has managed over $50M in behavioral health and mental health media spend, and these terms reflect the operational standards we maintain across all client engagements.

The purpose of this document is to define the expectations, responsibilities, and limitations that apply to both parties throughout our engagement. We believe that clear terms protect both our clients and our agency, enabling us to focus on delivering measurable marketing outcomes rather than navigating ambiguity.

These terms apply to all services offered by Marketing Powered, including but not limited to: paid media management, search engine optimization, web development, conversion rate optimization, and strategic consulting. Specific service agreements may contain additional terms that supplement this document. In the event of a conflict between these general terms and a specific service agreement, the specific agreement shall govern.

We encourage you to review these terms carefully. If you have questions about any provision, please contact us before proceeding. By continuing to use our services, you confirm your acceptance of these terms in their entirety.

To ensure mutual comprehension and avoid ambiguity, the following definitions apply throughout this terms of service document and any related service agreements.

Agreement refers to any binding arrangement between Marketing Powered and a Client, including these terms of service, individual service agreements, statements of work, and any amendments executed by both parties. An agreement becomes effective upon signature by both parties or, in the case of these general terms, upon the Client's use of Marketing Powered services.

Contract is used interchangeably with Agreement in most contexts, though Contract more specifically refers to a formal written document with defined deliverables, timelines, and compensation structures. All Contracts are Agreements, but not all Agreements rise to the level of a formal Contract.

Services encompass all marketing, advertising, consulting, development, and strategic services provided by Marketing Powered to the Client. This includes paid media services, web development, and related marketing activities described in our service offerings.

Confidential Information means any non-public information disclosed by either party to the other, including business strategies, client lists, pricing structures, proprietary methodologies, and any information designated as confidential at the time of disclosure.

Deliverables refer to the specific work products, reports, creative assets, or other tangible outputs that Marketing Powered agrees to provide under a service agreement.

Effective Date means the date on which an Agreement becomes binding, whether through signature, payment, or commencement of services.

When you engage Marketing Powered for services, you assume certain obligations that enable us to deliver effective marketing outcomes while maintaining compliance with applicable regulations. These user obligations form the foundation of a productive client relationship.

Accurate Information: You agree to provide accurate, complete, and current information about your business, services, licensing status, and any other details relevant to your marketing campaigns. For clients in the behavioral health or mental health sector, this includes maintaining current licensure, accreditation, and any required certifications, such as LegitScript certification for addiction treatment advertising.

Compliance Responsibility: While Marketing Powered maintains awareness of HIPAA requirements and advertising platform policies, you retain ultimate responsibility for the compliance of your own business operations. You agree not to request marketing activities that would violate federal or state healthcare regulations, advertising platform policies, or any applicable law.

Timely Communication: You agree to respond to requests for information, approvals, or feedback within reasonable timeframes as specified in your service agreement. Delays in client communication may impact campaign performance, delivery timelines, and the effectiveness of our services.

Payment Obligations: You agree to pay all fees and expenses as outlined in your service agreement according to the specified payment schedule. Marketing Powered reserves the right to pause or suspend services for accounts with outstanding balances exceeding 30 days past due.

Prohibited Activities: You agree not to use Marketing Powered services to promote illegal activities, make false claims about your services or outcomes, target vulnerable populations inappropriately, or engage in any activity that would jeopardize the advertising accounts or reputation of Marketing Powered or its other clients.

Intellectual Property: You represent that you have the right to use any trademarks, content, images, or other intellectual property you provide to Marketing Powered for use in marketing campaigns. You agree to indemnify Marketing Powered against any claims arising from your provision of materials that infringe third-party rights.

Marketing Powered commits to providing professional marketing services with the expertise, diligence, and care expected of a specialized agency operating in regulated healthcare verticals. This section describes our service commitments and the conditions that apply to service delivery.

Scope of Services: The specific services Marketing Powered provides are defined in individual service agreements. Our general service capabilities include paid media management across Google Ads, Meta, and other platforms; search engine optimization; web development; conversion rate optimization; and strategic consulting. Each engagement is scoped based on client needs, budget, and objectives.

Professional Standards: Marketing Powered employs experienced professionals with deep expertise in behavioral health and mental health marketing. Our founder holds credentials as a court-certified expert witness in advertising strategy, and our team has managed campaigns scaling treatment centers through multi-market growth. We apply this operator-level experience to every client engagement.

Platform Compliance: We maintain current knowledge of advertising platform policies, including Google Ads sensitive healthcare vertical restrictions that prohibit behavioral health retargeting. We structure campaigns to operate within these constraints while maximizing performance within allowable targeting parameters.

Attribution and Reporting: Marketing Powered provides regular reporting on campaign performance as specified in your service agreement. We track attribution through to meaningful business outcomes, not just vanity metrics. Specific reporting frequency, metrics, and formats are defined in individual service agreements.

Service Limitations: Marketing Powered does not guarantee specific results, rankings, lead volumes, or revenue outcomes. Marketing performance depends on numerous factors beyond our control, including market conditions, competitive activity, client conversion processes, and external economic factors. We commit to professional execution and strategic optimization, not guaranteed outcomes.

Third-Party Dependencies: Many of our services rely on third-party platforms, including Google, Meta, Microsoft, and various software providers. Marketing Powered is not responsible for changes to third-party platform policies, algorithms, or availability that may impact campaign performance or service delivery.

Subcontracting: Marketing Powered may engage qualified subcontractors to assist with service delivery. We remain responsible for the quality of work performed by subcontractors and ensure they operate under appropriate confidentiality obligations.

This section clarifies the limits of Marketing Powered's liability and provides important disclaimers regarding our services. Please read this section carefully, as it affects your legal rights.

Disclaimer of Warranties: Marketing Powered provides services on an 'as is' basis. We make no warranties, express or implied, regarding the results you will achieve from our services. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information obtained from Marketing Powered shall create any warranty not expressly stated in your service agreement.

Limitation of Liability: To the maximum extent permitted by applicable law, Marketing Powered's total liability for any claims arising from or related to our services shall not exceed the total fees paid by you to Marketing Powered during the six (6) months immediately preceding the claim. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

Exclusion of Consequential Damages: In no event shall Marketing Powered be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, even if Marketing Powered has been advised of the possibility of such damages.

Indemnification: You agree to indemnify, defend, and hold harmless Marketing Powered, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of these terms; (b) your violation of any law or regulation; (c) your infringement of any third-party rights; or (d) any content or materials you provide to Marketing Powered.

Compliance Disclaimer: While Marketing Powered maintains awareness of healthcare marketing regulations and platform policies, we do not provide legal advice. You are responsible for obtaining independent legal counsel regarding the compliance of your business operations and marketing activities. Marketing Powered's compliance guidance is informational only and should not be relied upon as legal advice.

Force Majeure: Marketing Powered shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or platform disruptions.

Either party may terminate a service agreement according to the terms specified in that agreement. This section provides general guidance on termination grounds, processes, and consequences that apply unless a specific service agreement states otherwise.

Termination for Convenience: Unless your service agreement specifies otherwise, either party may terminate services for any reason by providing thirty (30) days' written notice to the other party. Written notice must be delivered via email to the designated contact addresses specified in your service agreement.

Termination for Cause: Marketing Powered may terminate services immediately upon written notice if you: (a) breach any material term of these terms of service or your service agreement and fail to cure such breach within ten (10) days of receiving written notice; (b) engage in illegal activity or activity that violates advertising platform policies; (c) fail to pay amounts due within sixty (60) days of the invoice date; or (d) engage in conduct that materially harms Marketing Powered's reputation or business relationships.

Effect of Termination: Upon termination, you remain obligated to pay all fees for services rendered through the termination date, plus any non-cancellable costs incurred on your behalf. Marketing Powered will provide reasonable transition assistance, including transfer of campaign assets and data to which you are entitled under your service agreement.

Survival: The following provisions survive termination of any agreement: confidentiality obligations, limitation of liability, indemnification, intellectual property rights, and any other provisions that by their nature should survive.

Data and Asset Transfer: Following termination, Marketing Powered will cooperate in transferring campaign assets, analytics access, and other materials as specified in your service agreement. Proprietary Marketing Powered methodologies, templates, and systems remain our exclusive property and are not subject to transfer.

Post-Termination Restrictions: Any confidentiality obligations established during the engagement continue for a period of two (2) years following termination unless the information becomes publicly available through no fault of the receiving party.

Understanding intellectual property ownership is essential to a productive agency relationship. This section clarifies what you own, what Marketing Powered owns, and how intellectual property rights are allocated.

Client Materials: You retain all rights to trademarks, logos, content, and other materials you provide to Marketing Powered for use in campaigns. Marketing Powered receives a limited license to use these materials solely for the purpose of providing services under your agreement.

Deliverables: Unless your service agreement specifies otherwise, upon full payment for services, you receive ownership of custom deliverables created specifically for your engagement. This includes custom ad creatives, landing page designs, and written content created for your campaigns.

Marketing Powered IP: Marketing Powered retains ownership of all proprietary methodologies, frameworks, templates, tools, and systems, including any AI systems or processes developed or maintained by Marketing Powered. You receive a license to benefit from these systems during your engagement, but no ownership or rights to the underlying intellectual property are transferred to you.

Feedback and Improvements: Any feedback, suggestions, or ideas you provide regarding Marketing Powered services may be used by Marketing Powered without restriction or compensation. General improvements to our methodologies developed during your engagement remain Marketing Powered property.

Both parties may share confidential information during the course of an engagement. This section establishes the obligations that apply to such information.

Confidentiality Obligations: Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care used to protect its own confidential information; (b) not disclose Confidential Information to third parties except as necessary to perform services or as authorized in writing; and (c) use Confidential Information only for purposes related to the engagement.

HIPAA Awareness: Marketing Powered maintains HIPAA-aware practices throughout our operations. We do not request or require access to Protected Health Information (PHI) to perform marketing services. If PHI is inadvertently disclosed to Marketing Powered, we will notify you promptly and follow appropriate protocols. Clients requiring a formal Business Associate Agreement should discuss this requirement during the onboarding process.

Exceptions: Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or valid legal process.

Return of Materials: Upon termination or request, each party will return or destroy Confidential Information belonging to the other party, except for copies retained in routine backup systems or as required for legal compliance.

This section establishes the legal framework for resolving any disputes that may arise under these terms or any service agreement.

Governing Law: These terms and any service agreements are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any legal action arising from these terms must be brought in the state or federal courts located in Maricopa County, Arizona, and both parties consent to the exclusive jurisdiction of such courts.

Informal Resolution: Before initiating formal legal proceedings, both parties agree to attempt informal resolution through direct communication between designated representatives. Many disputes can be resolved efficiently through good-faith discussion.

Mediation: If informal resolution fails, both parties agree to participate in mediation before a mutually acceptable mediator before initiating litigation. Mediation costs shall be shared equally between the parties.

Attorney's Fees: In any legal action to enforce these terms, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party.

Marketing Powered reserves the right to modify these terms at any time by posting updated terms on our website. Material changes will be communicated to active clients via email. Continued use of services following the posting of changes constitutes acceptance of the modified terms. If you do not agree to the modified terms, you may terminate services according to the termination provisions above.

Entire Agreement: These terms, together with any applicable service agreements and statements of work, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior discussions, negotiations, and agreements between the parties.

Severability: If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Waiver: The failure of either party to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

Assignment: You may not assign your rights or obligations under these terms without Marketing Powered's prior written consent. Marketing Powered may assign these terms in connection with a merger, acquisition, or sale of assets.

Notices: All notices under these terms must be in writing and delivered via email to the addresses specified in your service agreement, or to the designated legal contact address for notices to Marketing Powered.

Effective Date: These terms are effective as of the date you first access Marketing Powered services or execute a service agreement, whichever occurs first. For current clients, these terms supersede any prior terms of service upon posting to our website.

If you have questions about any provision in our terms of service or would like to discuss how Marketing Powered can help grow your behavioral health or mental health practice, our team is ready to help. We are committed to operating with transparency and building client relationships grounded in clear expectations.