Terms of Service

1. Agreement to Terms

By accessing or using the website at cobaltpeakmarketing.com or engaging Cobalt Peak Marketing for services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

2. Services

Cobalt Peak Marketing provides digital marketing services including paid advertising management, website design and development, social media marketing, email marketing, and related consulting and strategy services. The specific scope, deliverables, pricing, and timeline for each engagement are defined in individual service agreements or statements of work signed by both parties.

3. Use of Website

You agree to use our website only for lawful purposes. You must not:

• Use the site in any way that violates applicable laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of the website
• Engage in any conduct that restricts or inhibits anyone's use of the website
• Use the website to distribute malicious code or harmful content

4. Intellectual Property

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

For client engagements, ownership of deliverables (such as website code, ad creative, and written content) is governed by the specific agreement between Cobalt Peak Marketing and the client.

5. Disclaimer of Warranties

Our website and services are provided “as is” without warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Digital marketing involves inherent uncertainty. While we work diligently to produce results for our clients, we make no guarantee of specific outcomes such as particular revenue figures, lead volumes, conversion rates, or search rankings. Past results are not necessarily indicative of future performance.

6. Limitation of Liability

To the maximum extent permitted by law, Cobalt Peak Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

Our total liability for any claims arising from our services shall not exceed the total fees paid by you to Cobalt Peak Marketing in the three months preceding the claim.

7. Client Responsibilities

For clients engaging our services, you agree to:

• Provide accurate, complete, and timely information required for us to perform the services
• Ensure you have the rights to any materials you provide to us
• Review and approve deliverables in a timely manner
• Pay invoices according to the agreed payment schedule
• Not engage competing agencies for the same services during our exclusive engagement without prior written consent (where applicable)

8. Payment Terms

Payment terms for services are specified in individual service agreements. Generally, monthly retainer fees are due at the beginning of each billing period. Project fees may be structured with deposits and milestone payments as defined in the project agreement.

Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law. We reserve the right to pause services on accounts with outstanding balances past 30 days.

9. Termination

Either party may terminate a service engagement with written notice as specified in the individual service agreement (typically 30 days). Upon termination, you will be responsible for payment for services rendered through the termination date. We will provide you with any deliverables completed and any account credentials belonging to you.

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of our engagement. This includes business strategies, financial information, customer data, and proprietary processes. This obligation survives termination of the service relationship.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts located in Maricopa County, Arizona.

12. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will provide notice of significant changes by posting the updated terms on our website. Continued use of our services after changes are posted constitutes acceptance of the revised terms.

13. Contact Information

For questions about these Terms of Service, please contact us: