Terms of Service

Subject to Change

PDX Marketing is an online marketing firm dedicated to working with local Oregon small and mid-size businesses. PDX Marketing strives to achieve high-level marketing results for clients through the Google search engine marketing platform, social media management, content creation, pay-per-click ads, ad creation, and other services.

By agreeing to work with PDX Marketing, the Client is also agreeing to the following terms of service.

Google Search Phrase

PDX Marketing will work with the Client one-on- one to place them on searches that are performed through Google’s online search engine. The goal is to put the Client’s name directly in front of their target markets. Google’s advertising platform analyzes and provides data for different markets, and PDX Marketing finds the most cost effective positions that will obtain the highest return on investment.

PDX Marketing only represents one client under any Exclusive Google Search Phrase at a time. That means that every advertisement for the Client is a priority and the Client can maintain an effective marketing strategy.

In addition to placement on Google searches, PDX Marketing may also provide other marketing services. These will complement search phrase placement and further enhance results and exposure.

Social Media

Pay-Per-Click

Content Managment

Website Creation

App Store and Google Market

Right to Refude Service

>Customer Restrictions

PDX Marketing will not discriminate on business type except in adult entertainment, marijuana retail and supply, and alcohol manufacturers/distributors/retailors including bars and nightclubs.

Due to federal restrictions and state laws PDX Marketing will only be open to servicing marijuana dispensaries licensed and in current good standing with the Oregon Liquor Control Commission (OLCC) registered in the State of Oregon. PDX Marketing reserves the right to look up all details on the company requesting services. PDX Marketing will periodically check for good standing with the OLCC. PDX Marketing will cease services to any Client in this industry who takes part in illegal or unethical activities. PDX marketing will notify the customer in writing or by email and suspend all services without notice. Marijuana dispensaries, growers, or any other licensed service in the marijuana field will forward any changes to the laws applicable restrictions which may apply to PDX Marketing services.

Alcohol based businesses, such as liquor store, bars, nightclubs, breweries, tasting rooms, distilleries, and all other business with applicable OLCC licenses are to hold current and in good standing licenses. Any business without a license operating in areas which require OLCC licensing will be denied services. Any changes to the state or federal laws which impact PDX Marketing services must be forwarded to PDX marketing by the customer. PDX marketing will cease services with businesses which fail to stay in good standing and operate in good moral without notice. PDX Marking will notify the customer in writing or by email when services are discontinued.

PDX Marketing will not work with companies who participate in the adult entertainment field, except for gentlemen’s clubs (strip clubs). PDX Marketing will cease or deny services to strip clubs which have, or have had prior or current legal cases, convictions, or accusations of fraud, sexual harassment, tax fraud, sex trafficking, OLCC violations, unresolved issues with minors, hiring of extreme minors (under 18 years of age), or any other moral and ethical issues. PDX Marketing will not give a reason to why service is stopped or denied, services will cease without notice. Strip clubs with alcohol sales will be applicable to the above conditions for alcohol serving business.

PDX Marketing specializes in servicing bars, strip clubs, and marijuana businesses and stays up to date in the current laws in the state of Oregon. However, it is the customer’s responsibility to forward any changes to applicable laws to ensure PDX Marketing is able to provide services which will not impact the licenses or legal standing of these businesses. PDX Marketing will review these businesses on a case by case basis. These businesses are not able to use services provided by PDX Marketing which use third party companies of which PDX Marketing does not control the content, such as services which provide automated social media posting, or outsourcing of content creating. PDX Marketing understands the legal restrictions and the “community involvement” of these businesses’ success and avoidance of being targeted for unjust attention and scrutiny by the community.

Subscription Details

By signing the Letter of Engagement customers agree to the terms of service. Unless explicitly contradicted by the Letter of Engagement, all of the terms described here continue in full effect and force. Subscription details are listed in each Letter of Engagement and vary per customer. An agreement or cost for one customer may not be offered to another client. A previous cost or offer does not set a standard for future offers or costs for the same client or another client.

Unless specified in the Letter of Engagement, each client will be subject to Month-by-Month services with the billing cycle to start at the 1st of each month. Agreements made after the first of a month will be prorated. Payment in full is due no later than the 5th of each month. Payments not received by the 5th will lead to a suspension of all services.

Monthly service fee (PDX Marketing’s Fee for services) will never increase a monthly payment amount without the Client’s express consent. Including percentages collected by PDX Marketing if applicable. However, fees associated with pay-per-click, social media advertising, and other fee services used in specific services are subject to change without notice. Additional phrases will be assessed at the current assigned rate and will not be determined by any previous rates that applied to accounts of the Client. Further details involving a specific account can be found by contacting PDX Marketing’s at [email protected].

No Guarantee of Sales or Exact Placement

While it is PDX Marketing’s goal to build the most cost-effective ad campaign on Google, Social media, and other platforms the platform and market mechanics are such that PDX Marketing cannot guarantee an exact positioning of an ad on a search page, nor can PDX Marketing guarantee any number of hits, clicks, leads, or sales as a result of the Client’s online marketing campaign.

There may be events outside of PDX Marketing’s control that temporarily inhibit the ability to secure Google placement of an ad. These events may include, but are not limited to, Google System updates, and changes in Google account reviews. PDX Marketing is not responsible for lack of ad placement that results from events are out of PDX Marketing’s control.

No Duty to Track Marketing Results

PDX Marketing does not control the content of the Client’s personal or business website and is unable to track sales that directly result from the Client’s marketing strategies. It is the responsibility of the Client to track their own results.

Not Affiliated with Google

PDX Marketing is not an entity of, nor directly affiliated with Google Inc. or Alphabet Inc. PDX Marketing is an independent marketing firm that specializes in creating and monitoring targeted advertising campaigns on the Google search engine. PDX Marketing is not an entity of, nor directly affiliated with Facebook Inc, or any other platform or media associated with the services paid for use by customers.

Privacy Statement

PDX Marketing will never disclose personal information to anyone for any reason. We will not share your email address with any other company. In order to fully serve ads, we may use third-party advertising companies. These companies may use cookies and web beacons to monitor advertising effectiveness. Any information that these third parties may collect by way of cookies and web beacons will be anonymous.

Warranties

the services and information provided by PDX marketing are on an "as is" and "if available" basis. There are no attached warranties or guarantees of any kind, either express or implied, including, but not limited to: warranties of title, noninfringement or implied warranties of merchantability or fitness for a specific purpose. No advice or information given by PDX marketing, its affiliates or their respective employees shall create any warranty hereunder.

Indemnification for Copyright or Trademark Infringement

The Client shall defend, indemnify and hold harmless PDX Marketing and its agents, employees, officers, owners and affiliates from and against any and all Third Party claims and liabilities (including, without limitation, reasonable attorneys' fees and costs), regardless of the form of action, arising out of or in connection with a claim that any of the marketing phrases or terms when used within the scope of these Terms of Service, infringes, violates or misappropriates a valid third party trademark, copyright or other proprietary right, provided that the Client is notified promptly in writing of the action by PDX Marketing, and PDX Marketing has not reached any compromise or settlement of such action or made any admissions in respect of the same.

Licenses

By agreeing to these Terms of Service, the Client grants PDX Marketing a non-exclusive, irrefutable, royalty-free, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, in order for PDX Marketing to execute the terms of the agreed upon service.

Authority to Bind

No employee or consultant of PDX Marketing or any of its divisions is authorized to offer or agree to any binding agreement with another party without the approval of an Account Manager.

Governing Law

These Terms of Service shall be governed and construed in accordance with the laws of Oregon, excluding Oregon’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Oregon, excluding Oregon’s choice-of-law principles.

If either party brings against the other party any proceeding arising out of this Terms of Service or arising out of the services provided by PDX Marketing to the Client, that party may bring that proceeding only to an arbitration service licensed in the state of Oregon. Arbitration is agreed to be the only route used in coming to a fair agreement if one part feels they need to bring something to court.

Waiver

No waiver of satisfaction of a condition or nonperformance of an obligation under these Terms of Service will be effective unless it is in writing and signed by the party granting the waiver.

Severability

If any term of these Terms of Service is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Duty to Keep Information Current

It is the Client’s responsibility to update PDX Marketing with any and all changes to the information that is relevant to the performance of the services provided by PDX Marketing, including, but not limited to: personal and professional contact information, payment information and subscribed URL.

Payments, Failed Payments, and Payment Updates

If payment is not successful for any reason, the Client’s marketing will continue for 5 days. The Client understands payment will be made in advance at the billing date agreed upon in the Engagement and Agreements signed by the client. The Client understands marketing fees, ad costs, and other associated financial requirements are paid in advance to fund the needs of the marketing services.

Refunds

Refunds are handled on a case by case bases depending on the services ability to be stopped without financial loss to PDX Marketing.

Cancellation

All cancellation requests must be made to a "Marketing Specialist" by emailing [email protected] Cancellation must be made at least three (3) business days prior to the date of the next scheduled payment. Cancellations that are made after that point will not take effect until the following billing period. Non-business days include but are not limited to: all major holidays and certain days around major holidays. For further explanation regarding subscription details, the business day schedule, or the cancellation policy please contact PDX Marketing at [email protected]

Disclosures

PDX Marketing is an independent marketing firm which the ownership has current or prior shares, stakes, employment, and other forms of relationships, which may have current or pending agreements or restrictions with the following organizations:

Voiceably Inc, Fizzbo Inc, Symba Ventures LLC, Chupacabra Ventures.