Terms & Conditions

Effective Date: September 19, 2026

These Terms and Conditions ("Terms") govern your use of https://www.themarksmedia.com and any services, communications, content, or resources provided by Marks Media. Marks Media is operated by Marks Enterprises LLC, a Virginia limited liability company, under its registered assumed name "Marks Media" ("Marks Media," "we," "us," or "our").

1. Eligibility and Age Requirement

You must be at least 18 years old and legally capable of entering into a binding agreement to use this website, submit information, receive SMS communications, or purchase services from Marks Media. By using the website or opting into our communications, you represent that you are at least 18 years old.

2. Website Use

You agree to use the website only for lawful purposes. You may not: Attempt to gain unauthorized access to the website or related systems; Interfere with the website's security or operation; Submit false, misleading, fraudulent, or unlawful information; Copy, reproduce, distribute, or exploit website content without permission; Use automated systems to scrape, overload, or disrupt the website; Use the website in a manner that violates applicable laws or the rights of others. We may restrict or terminate access to the website when we reasonably believe these Terms have been violated.

3. Services

Marks Media may offer services including website design, digital advertising, customer-relationship-management support, marketing consultation, content-related services, lead-generation support, and other digital marketing services. The specific scope, price, timeline, deliverables, revision terms, and payment requirements for a service may be established in a separate proposal, invoice, service agreement, checkout page, or written communication. Information displayed on the website is general and does not guarantee that any specific service will be available or appropriate for every customer.

4. No Guaranteed Results

Marketing and business results depend on numerous factors outside our control, including your industry, location, pricing, offer, sales process, market conditions, competition, advertising budget, customer demand, and implementation. Marks Media does not guarantee any particular number of leads, customers, sales, appointments, website visits, revenue, profits, rankings, or other results unless a specific written guarantee is expressly included in a separate signed agreement. Testimonials, examples, projections, and past results do not guarantee future performance.

5. Fees and Payments

Applicable prices, billing schedules, deposits, recurring charges, and payment deadlines will be disclosed before you purchase a service. You agree to provide accurate payment and billing information and to pay all authorized charges when due. Unless otherwise stated in a written service agreement, fees already earned for completed work are nonrefundable. Failure to make a required payment may result in delayed, suspended, or terminated services.

6. Intellectual Property

The Marks Media name, website design, written content, graphics, branding, processes, and other original materials displayed on the website are owned by or licensed to Marks Media and are protected by applicable intellectual-property laws. You may not reproduce, modify, distribute, sell, publish, or commercially exploit these materials without prior written permission. Ownership and usage rights for work created for a client will be determined by the applicable proposal, invoice, or service agreement.

7. Third-Party Services

Our website and services may use or link to third-party platforms, including website-hosting, customer-relationship-management, scheduling, analytics, advertising, payment-processing, and communication providers. We do not control third-party platforms and are not responsible for their availability, performance, security, content, or privacy practices. Your use of a third-party service may be governed by that provider's separate terms and policies.

8. Marks Media SMS Messaging Program

Marks Media offers an SMS messaging program for individuals who voluntarily provide the appropriate consent.

Depending on the consent provided, recurring messages may include:

Requested resources and information
Responses to inquiries
Consultation and appointment communications
Service updates and announcements
Digital marketing tips
Promotional follow-ups
Special offers and discounts
Invitations to schedule a consultation

The SMS program is operated under the Marks Media brand by Marks Enterprises LLC.

9. SMS Consent

Providing a telephone number does not, by itself, constitute consent to receive promotional SMS messages.

Users may opt in by visiting https://www.themarksmedia.com, completing the applicable website form, and voluntarily selecting an optional, unchecked SMS consent checkbox.

Consent to receive marketing text messages is not a condition of purchasing services, submitting a general inquiry, or receiving the requested resource when SMS consent is not necessary to deliver it.

10. SMS Frequency and Charges

Message frequency varies based on your interactions and communication preferences, with up to four recurring messages per month unless additional messages are necessary to respond to a conversation you initiated.

Message and data rates may apply. Your wireless carrier's standard messaging, data, and other charges may apply to messages sent or received through the program.

Marks Media does not charge a separate fee for participating in the SMS program.

11. How to Opt Out of SMS Messages

You may cancel SMS communications at any time by replying STOP to any message from Marks Media.

After submitting a STOP request, you may receive one final confirmation message stating that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages from the applicable program unless you provide consent again.

You may also use recognized opt-out words such as CANCEL, END, QUIT, or UNSUBSCRIBE. For reliable processing, replying STOP is recommended.

12. SMS Help and Support

For assistance with the SMS program, reply HELP to any Marks Media text message.

You may also contact Marks Media through the contact form available at:

https://www.themarksmedia.com

Support requests will be handled as reasonably practicable during normal business operations.

13. Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

SMS delivery is subject to effective transmission by your wireless carrier and network provider. Delivery is not guaranteed, and Marks Media is not responsible for messages that are delayed, blocked, filtered, or not delivered because of carrier restrictions, network conditions, an incorrect telephone number, device settings, or circumstances outside our reasonable control.

Supported carriers and messaging features may change without notice.

14. SMS Privacy

Information collected in connection with the SMS program is handled according to our Privacy Policy:

https://www.themarksmedia.com/privacy-policy

Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent will not be shared with any third parties.

15. Communications Accuracy

You are responsible for providing an accurate telephone number and notifying us if your contact information changes.

If you obtain a telephone number previously belonging to someone else, you agree to promptly notify Marks Media or reply STOP if you receive messages intended for the previous owner.

16. Disclaimer of Warranties

To the fullest extent permitted by law, the website, its content, and any freely provided resources are offered on an "as is" and "as available" basis.

Marks Media makes no warranty that the website will always be available, uninterrupted, secure, error-free, or suitable for every purpose. Nothing on the website constitutes legal, tax, financial, or other regulated professional advice.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Marks Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of—or inability to use—the website, communications, resources, or services.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Marks Media and Marks Enterprises LLC from claims, damages, liabilities, losses, and expenses arising from your unlawful use of the website, your violation of these Terms, or your infringement of another person's rights.

19. Privacy Policy

Our collection and use of personal information are governed by our Privacy Policy, available at:

https://www.themarksmedia.com/privacy-policy

The Privacy Policy is incorporated into these Terms by reference.

20. Changes to These Terms

We may revise these Terms periodically to reflect changes to our website, services, communications, business practices, or legal obligations.

Updated Terms will be posted on this page with a revised effective date. Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

21. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Any dispute arising from these Terms or your use of the website will be handled in an appropriate court located in Virginia unless applicable law requires otherwise.

22. Contact Information

For inquiries about these Terms, services, privacy practices, or the SMS program, Marks Media can be reached via the contact form at https://www.themarksmedia.com

Contact

Phone: 571-716-4544
Email: info@themarksmedia.com

Hours: Mon – Sun : 8am – 8pm EST

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Terms & Conditions