Terms and Condition

Last Updated: 1/28/25

Welcome to True Grit Marketing! These Terms of Service ("Terms") govern your access to and use of our website (https://truegritmarketing.com) and services. By using our website and services, you agree to comply with these Terms. If you do not agree with these Terms, please do not use our website and services.

1. Our Services

True Grit Marketing provides marketing consulting services, digital products, and appointment scheduling services (collectively, "Services") to help businesses improve their marketing strategies and grow.

2. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting a notice on our website or sending you an email at least 30 days before the changes take effect. Your continued use of our Services after the effective date of the new Terms constitutes your acceptance of the amended terms. If you do not agree with the changes, you may terminate your account and stop using our Services.

4. Eligibility and Age Restrictions

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. Our Services are not intended for use by children under 18 years of age.

5. Account Registration and Security

5.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. If you suspect any unauthorized use of your account, please notify us immediately at [email protected].

6. Payment and Refunds

6.1 Payment Terms

You agree to pay all fees associated with your use of our Services in accordance with the pricing and payment terms presented to you at the time of purchase. Payments are non-refundable, except as required by law.

6.2 Subscription Services

If you purchase a subscription service, you authorize us to charge your payment method on a recurring basis (e.g., monthly or annually) until you cancel your subscription. You can cancel your subscription at any time through your account settings or by contacting us at [email protected].

6.3 Price Changes

We reserve the right to adjust our pricing at any time. We will notify you of any price changes in advance. If you do not agree to the price changes, you may cancel your subscription or stop using our Services.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of True Grit Creative Co LLC (dba True Grit Marketing) or its licensors and is protected by United States and international copyright laws. The compilation of all content on our website is the exclusive property of True Grit Creative Co LLC and protected by U.S. and international copyright laws. All software used on our website is the property of True Grit Creative Co LLC or its software suppliers and protected by United States and international copyright laws. Our trademarks, logos, and trade dress (collectively, "Trademarks") are the property of True Grit Creative Co LLC and may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by True Grit Creative Co LLC that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by True Grit Creative Co LLC.

7.2 Your Intellectual Property

You retain ownership of all intellectual property rights in the content you upload or submit to our Services ("User Content"). By using our Services, you grant us a non-exclusive, worldwide, royalty-free, fully paid up, and sub-licensable license to reproduce, distribute, publicly display, publicly perform, modify, create derivative works from, and otherwise use your User Content in any and all media or distribution methods (now known or later developed) for any purpose, including marketing and promotional purposes.

7.3 User Content License

By uploading or submitting User Content to our Services, you hereby grant True Grit Creative Co LLC a non-exclusive, worldwide, royalty-free, fully paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any and all media or distribution methods (now known or later developed) for any purpose, including marketing and promotional purposes. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant us this license.

7.4 User Content Representation and Warranties

You represent and warrant that:

You own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. All of your User Content do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not True Grit Creative Co LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of our Services.

7.5 Content Created on Our Platform

Any content created on or through our platform, including but not limited to designs, reports, and marketing materials, shall be deemed a work made for hire for True Grit Creative Co LLC, and all intellectual property rights in such content shall belong to True Grit Creative Co LLC. To the extent that any such content does not qualify as a work made for hire, you hereby assign and transfer to True Grit Creative Co LLC all right, title, and interest in and to such content, including but not limited to all copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

7.6 Use of Content for Marketing Materials

You acknowledge and agree that True Grit Creative Co LLC may use any content created on, uploaded to, or submitted through our platform for marketing and promotional purposes, including but not limited to, showcasing our work, promoting our services, and attracting new clients. This may include, but is not limited to, displaying such content on our website, social media channels, marketing materials, and advertising campaigns.

7.7 Intellectual Property Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please contact us immediately and provide us with the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed. A description of where the material that you claim is infringing is located on our website. Your address, telephone number, and email address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our contact information for intellectual property infringement claims is: [email protected]

8. Acceptable Use Policy

You agree not to:

Use our Services for any illegal purpose or in violation of any laws or regulations. Infringe upon or violate the intellectual property rights or other rights of any other person or entity. Harass, threaten, or violate the rights of others. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Upload, transmit, or distribute any content that is unlawful, obscene, defamatory, libelous, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable. Upload, transmit, or distribute any content that contains viruses, worms, or any other harmful or destructive components. Interfere with or disrupt the operation of our Services or the servers or networks used to make our Services available. Violate any of the terms and conditions of these Terms.

8.1 User Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

9. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease, and you must delete or destroy any copies of our intellectual property in your possession.

9.1 Effect of Termination

If your account is terminated, you will no longer have access to your account or any User Content associated with your account. We are not responsible for any loss of User Content as a result of account termination.

10. Disclaimers

10.1 As-Is Basis

Our Services are provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, timely, secure, or error-free.

10.2 No Professional Advice

The information provided through our Services is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice tailored to your specific circumstances.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with your use of our Services. Our total liability for any claim or dispute under these Terms shall not exceed the total amount paid by you to us for the Services during the 12-month period preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless True Grit Marketing, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute arising out of or relating to these Terms, you and True Grit Marketing agree to negotiate in good faith to resolve the dispute informally.

14.2 Arbitration

If the dispute cannot be resolved informally, you and True Grit Marketing agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wayne County, Michigan. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

You and True Grit Marketing agree that any disputes shall be resolved on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Miscellaneous

15.1 Entire Agreement

These Terms constitute the entire agreement between you and True Grit Marketing with respect to your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and True Grit Marketing with respect to our Services.

15.2 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.4 Assignment

We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms to any party without our prior written consent.

16. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy describes our practices regarding the collection, use, and disclosure of your personal information. You can access our Privacy Policy here .

17. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]