Book Free Consultation
Book Free Consultation

Legal

Terms & Conditions

The rules that govern your use of the Delta Marketing website, free tools, content, and online requests. Paid client work is covered by a separate written agreement.

Effective date: October 3, 2026 · Last updated: October 3, 2026

1. Agreement to these Terms

These Terms & Conditions (the "Terms") are a binding agreement between you and Delta Marketing ("Delta Marketing," "we," "us," or "our") governing access to and use of deltamarketingdigital.com and related online properties, content, calculators, guides, forms, and communications (collectively, the "Site").

By accessing or using the Site, submitting a form, or requesting an audit or download, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.

If you use the Site on behalf of a company, you represent that you have authority to bind that company, and “you” includes that company.

2. Definitions

  • “Content” means text, graphics, logos, images, videos, code, calculators, checklists, guides, and other materials on the Site.
  • “Services” means marketing services we may provide under a separate written agreement (for example SEO, paid ads, websites, or automations).
  • “SOW / MSA” means a master services agreement, statement of work, proposal, or order form signed or expressly accepted for paid Services.

3. Eligibility

The Site is intended for business users and adults 18 years or older. You may not use the Site if you are prohibited from doing so under applicable law.

4. Site use license

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal business evaluation and lawful informational purposes. You may not copy, scrape, crawl (except standard public search engine indexing), reverse engineer, frame, mirror, or commercially exploit the Site or Content except as expressly allowed in writing.

5. No professional advice

Site Content is for general informational purposes only. It is not legal, tax, accounting, financial, or other professional advice. You are solely responsible for decisions you make based on Site Content.

6. No rankings, lead, or revenue guarantees

Marketing outcomes are inherently uncertain. Without limiting any other disclaimer:

  • We do not guarantee search rankings, Map Pack placement, ad auction outcomes, lead volume, cost per lead, booked jobs, revenue, ROI, or any specific business result from using the Site, free audits, tools, guides, or (unless a signed SOW expressly states otherwise in writing) paid Services.
  • Third-party platforms (including Google, Meta, Microsoft, Apple, and others) control their algorithms, policies, pricing, approvals, and availability. Changes by those platforms can reduce or eliminate results at any time.
  • Case studies, testimonials, statistics, and examples are illustrative, may be anonymized or rounded, reflect particular facts at a point in time, and are not promises of future performance.
  • Calculators and benchmarks are estimates only and may be incomplete or inaccurate for your market.

7. Free audits, tools, guides & downloads

Free audits, strategy calls, calculators, checklists, glossaries, and other downloads are provided as-is and may be modified or discontinued at any time. A free audit or call:

  • Does not create a client relationship, fiduciary duty, or obligation to perform paid Services
  • May be limited in scope, based on information you provide, and not a comprehensive assessment
  • Does not obligate either party to enter a paid engagement

We may refuse, limit, or cancel free offerings for any reason, including abuse, spam, or conflicts.

8. Client services & separate agreements

Paid Services are provided only under an MSA, SOW, proposal, or similar written agreement. If you engage us for Services:

  • That written agreement controls fees, scope, timelines, IP ownership for deliverables, confidentiality, data processing, and service-specific warranties
  • These website Terms still govern your use of the Site
  • If there is a conflict regarding paid Services, the signed MSA/SOW controls over these Terms for that conflict

You are responsible for the accuracy of information, credentials, creatives, offers, claims, and approvals you provide for advertising or marketing. You remain responsible for compliance with advertising, consumer protection, privacy, telemarketing, and industry rules applicable to your business and campaigns (including platform policies).

9. Your submissions

If you submit information, feedback, or materials through the Site ("Submissions"), you represent that you have the right to provide them and that they are accurate and lawful. You grant Delta Marketing a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use Submissions to operate the Site, respond to you, improve our offerings, and create aggregated/de-identified insights. You agree not to submit unlawful, infringing, defamatory, or confidential information of others without authorization.

10. Acceptable use

You agree not to:

  • Use the Site for unlawful, harmful, fraudulent, or deceptive purposes
  • Attempt to gain unauthorized access to systems, accounts, or data
  • Interfere with or disrupt the Site, including via malware, floods, or scrapers that degrade performance
  • Harvest emails or personal data from the Site without permission
  • Misrepresent your identity or affiliation
  • Use the Site to build a competing dataset or to train machine-learning models without our prior written consent
  • Violate any applicable export, sanctions, privacy, or anti-spam laws

11. Intellectual property

The Site, Content, trademarks, logos (including the Delta Marketing name and marks), and all related IP are owned by Delta Marketing or its licensors. No rights are granted except the limited license in these Terms. “DELTA Intelligence Group” and other third-party marks are the property of their respective owners.

12. Third-party platforms, links & tools

The Site may link to or integrate third-party services. We do not control and are not responsible for third-party content, availability, security, or terms. Your use of third-party services is solely between you and the third party. We are not liable for platform suspensions, disapprovals, policy changes, outages, or data loss on third-party systems.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, TOOLS, AUDITS, DOWNLOADS, AND COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • DELTA MARKETING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION; ARISING OUT OF OR RELATED TO THE SITE, CONTENT, FREE AUDITS/TOOLS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO US SOLELY FOR ACCESS TO THE SITE FEATURES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT (IF ANY). FOR PAID SERVICES, LIABILITY IS GOVERNED BY THE APPLICABLE MSA/SOW.
  • WE ARE NOT LIABLE FOR THIRD-PARTY PLATFORM ACTIONS, FORCE MAJEURE EVENTS, OR YOUR RELIANCE ON SITE CONTENT.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted.

15. Indemnification

You will defend, indemnify, and hold harmless Delta Marketing and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your Submissions; (c) your violation of these Terms or law; (d) your marketing claims, offers, products, or services; or (e) disputes between you and your customers or third parties.

16. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference.

17. Suspension & termination

We may suspend or terminate access to the Site at any time, with or without notice, for any reason, including suspected violation of these Terms. Provisions that by their nature should survive (including IP, disclaimers, limitations of liability, indemnity, and dispute terms) will survive.

18. Governing law, arbitration & class waiver

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration.

Binding arbitration. Except for small-claims matters or claims for injunctive relief regarding IP, any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration will be Wilmington, Delaware, unless we agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

Class action waiver. YOU AND DELTA MARKETING AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

If arbitration or the class waiver is found unenforceable as to a claim, that claim must be brought exclusively in state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction there.

19. General

  • Entire agreement. These Terms plus the Privacy Policy are the entire agreement regarding Site use, and supersede prior website terms on the same subject.
  • Severability. If any provision is unenforceable, the remainder stays in effect.
  • Waiver. Failure to enforce a provision is not a waiver.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization or sale.
  • Force majeure. We are not liable for delays or failures due to events beyond reasonable control.
  • Export. You must comply with applicable export and sanctions laws.
  • Changes. We may update these Terms by posting a revised version on the Site. The “Last updated” date will change. Material changes may be highlighted. Continued use after changes means you accept the updated Terms.
  • Language. These Terms are in English. Any translation is for convenience only; the English version controls.

20. Contact

Delta Marketing
Email: delta@deltamarketingdigital.com
Web: https://deltamarketingdigital.com

These Terms are designed to protect Delta Marketing for website use and to set clear expectations. They are not a substitute for a signed client MSA/SOW. Have a qualified attorney review these documents for your specific entity, insurance, and jurisdictions.