Terms Of Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Moonraker Marketing, Austin, TX, United States.
  • “Country” refers to the United States of America.
  • “Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • “Service” refers to the Website and any marketing services offered by the Company.
  • “Website” refers to Moonraker Marketing, accessible from moonrakermarketing.com.
  • “You” means the individual accessing or using the Service, or the business entity on whose behalf such individual is acting.

Acknowledgment

These Terms of Service govern Your use of this Service and form the agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes how We collect, use, and disclose Your personal information when You use the Website.

Nature of the Service

Moonraker Marketing is a digital marketing agency that provides marketing strategy, advertising, content creation, SEO, and related services to businesses. Our website serves as an informational resource and a point of contact for prospective and current clients.

The content published on this Website is provided for general informational purposes only. While We strive for accuracy, We make no representations or warranties about the completeness, accuracy, or suitability of any content for your particular business situation.

Use of the Service

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Service. Prohibited conduct includes but is not limited to:

  • Transmitting any unsolicited or unauthorized advertising or promotional material
  • Attempting to gain unauthorized access to any part of the Service or its related systems
  • Knowingly transmitting data or content that contains viruses or other malicious code
  • Reproducing, duplicating, or re-selling any part of the Service without express written permission from the Company

SMS and Text Messaging Terms

Users who provide a mobile telephone number and opt in to receive SMS communications authorize the Platform to deliver transactional, operational, and service-related messages regarding their use of the Platform and activities initiated through it.

Message frequency varies according to user activity. Standard message and data rates may apply. Users may opt out at any time by replying STOP or by adjusting their account communication preferences.

By engaging with services offered through the Platform, users acknowledge and agree that their contact information may be shared with relevant third parties as reasonably necessary to facilitate requested interactions, transactions, or services, and that such parties may communicate with users directly.

SMS Consent

SMS opt-in data, text messaging consent, and related records are not sold or shared with third parties or affiliates for marketing or promotional purposes. Consent to receive text messages from the Platform applies only to communications sent by the Platform.

Users may independently choose to communicate with third-party service providers or businesses through the Platform. Any such communications are governed by the policies and practices of those third parties and are separate from the user’s consent to receive text messages from the Platform.

Intellectual Property

The Service and its original content — including marketing materials, blog posts, case studies, graphics, and all associated text and imagery — are and will remain the exclusive property of the Company and its contributors. The Service is protected by copyright, trademark, and other applicable laws of the United States.

Our content may not be copied, reproduced, distributed, republished, or otherwise used without the prior written consent of the Company. Our trademarks and branding may not be used in connection with any product or service without prior written consent.

Client Work and Deliverables

Ownership of deliverables created by Moonraker Marketing on behalf of clients is governed by the individual service agreement or contract entered into between the Company and the client. These Terms of Service do not supersede any written service agreement. In the absence of a specific agreement, all work product remains the property of Moonraker Marketing until full payment has been received.

Your Feedback to Us

You assign all rights, title, and interest in any feedback or suggestions You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, sub-license, distribute, and exploit such feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise You to read the terms and privacy policies of any third-party websites You visit.

Disclaimer of Warranties

The Service is provided to You “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that the Service will be uninterrupted, error-free, or that any defects will be corrected.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages whatsoever — including but not limited to loss of profits, loss of data, business interruption, or any other commercial damages or losses — arising out of or related to Your use of the Service, even if the Company has been advised of the possibility of such damages.

The Company’s total liability to You for any claims arising under or related to these Terms shall not exceed the greater of (a) the amount You paid to the Company in the six (6) months prior to the claim, or (b) one hundred dollars ($100.00 USD).

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Service.

Governing Law

The laws of the State of Texas, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Travis County, Texas, and You hereby consent to personal jurisdiction and venue in such courts.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company directly at info@moonrakermarketing.com. If the dispute cannot be resolved informally within 30 days, either party may pursue available legal remedies.

United States Legal Compliance

You represent and warrant that You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms of Service, You can contact us: