Terms and Conditions

Last Updated: March 13, 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you,” or “your”) and 5ive Marketing LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of our website (https://5ivemarketing.com) and any services provided by us, including digital marketing, advertising management, SEO, and consulting services (collectively, the “Services”).

By accessing our website or engaging our Services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using our Services and must discontinue use immediately.

1. SERVICES PROVIDED

5ive Marketing LLC provides digital marketing services tailored for local service businesses (such as HVAC, plumbing, and contracting) and professional service providers (such as accountants, insurance agents, coaches, and consultants). The specific scope of work, project milestones, and deliverables will be defined in a separate Service Agreement or Statement of Work (SOW).

2. CLIENT RESPONSIBILITIES

To provide effective Services, we require your cooperation. You agree to:

• Provide timely access to necessary accounts (Google Ads, Meta Business Suite, website CMS, etc.).
• Ensure all information provided about your business, licenses, and services is accurate.
• Review and approve creative assets and campaign strategies in a timely manner.
• Comply with all laws and regulations applicable to your specific industry (e.g., insurance licensing requirements, accounting ethics, or trade certifications).

3. FEES AND PAYMENT

• Service Fees: Fees for our Services are outlined in your individual Service Agreement.
• Billing: Most Services are billed on a recurring monthly basis. Payment is due upon receipt of the invoice unless otherwise stated.
• Late Payments: We reserve the right to suspend Services if payments are more than seven (7) days overdue.
• Third-Party Costs: Ad spend (paid directly to platforms like Google or Meta) is the sole responsibility of the Client and is not included in our management fees.
• Assessment: If you purchase “The Assessment” (a 90-minute session), you agree it is a non-refundable service once delivered (i.e., once the session has been completed).

4. INTELLECTUAL PROPERTY RIGHTS

• Our Property: We retain ownership of our proprietary processes, templates, and internal strategies used to deliver the Services.
• Client Property: You retain ownership of all trademarks, logos, and pre-existing content you provide to us.
• Work Product: Upon full payment of all fees, you are granted a non-exclusive, royalty-free license to use the marketing materials and deliverables specifically created for you during the term of our engagement.

5. PROFESSIONAL SERVICES DISCLAIMER

5ive Marketing LLC is a marketing agency and does not provide accounting, legal, insurance, or financial advice. Any information, content, ads, copy, recommendations, or materials we provide are for marketing and informational purposes only and should not be relied upon as professional advice. You are responsible for having all marketing content reviewed and approved by your own legal, compliance, and/or licensing counsel as appropriate for your industry and jurisdiction.

6. MARKETING COMPLIANCE

If you are an accountant, insurance agent, coach, consultant, or other regulated professional, you acknowledge that you are solely responsible for ensuring that all marketing materials, claims, testimonials, offers, disclosures, and advertising practices (whether created by you or by us) comply with all applicable laws, regulations, industry rules, carrier/firm requirements, and state licensing boards (including, as applicable, AICPA standards, state insurance department rules, and any SEC/FINRA-related requirements). 5ive Marketing LLC does not act as your compliance department and does not represent that any deliverable is compliant for your specific situation.

7. AI CONTENT & TRANSPARENCY

We may use Artificial Intelligence tools (including large language models (LLMs)) for content generation, research, and data analysis in connection with the Services. We disclose that AI-generated or AI-assisted work product is subject to final human review by 5ive Marketing LLC before delivery; however, you remain responsible for final review and approval of all deliverables prior to publication or use. We do not guarantee the accuracy, completeness, or suitability of AI-assisted outputs, including factual statements, citations, or regulatory interpretations.

8. TERM AND TERMINATION

Either party may terminate the Service Agreement with thirty (30) days' written notice. Upon termination, the Client shall pay for all Services performed up to the effective date of termination.

9. NO GUARANTEES

You acknowledge that marketing outcomes vary and depend on factors outside our control (including budget, offer, competition, market conditions, and third-party platform policies/algorithms). While we strive for results and may provide projections or estimates, we do not guarantee any specific number of leads, sales, conversions, appointments, rankings, revenue, or return on investment (ROI).

10. DISCLAIMER OF WARRANTIES

Our Services are provided on an "as-is" and "as-available" basis. We do not guarantee specific financial results, lead counts, or ranking positions. Marketing performance is subject to third-party platform algorithms and market conditions beyond our control.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law, 5ive Marketing LLC shall not be liable for any indirect, incidental, or consequential damages. Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the total amount paid by you to us during the three (3) months preceding the claim.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold 5ive Marketing LLC harmless from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) arising out of your use of our Services, your violation of these Terms, or your violation of the rights of a third party (including intellectual property or regulatory violations).

13. GOVERNING LAW; VENUE

These Terms shall be governed by and defined following the laws of the State of Oregon, without regard to conflict of laws principles. You and 5ive Marketing LLC irrevocably consent that the state and federal courts located in or serving Salem, Oregon shall have exclusive jurisdiction and venue to resolve any dispute which may arise in connection with these Terms.

14. CONTACT US

If you have questions or comments about these Terms, please contact us at:

5ive Marketing LLC
(503) 967-4065
Salem, Oregon
Email: legal@5ivemarketing.com
Website: https://5ivemarketing.com