Terms

These Terms of Service ("Terms") govern your access to and use of the website marketingmason.com (the "Site") and any consulting, advisory, or fractional CMO services (the "Services") provided by Marketing Mason LLC ("Marketing Mason," "we," "us," or "our"), a South Carolina limited liability company.

By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or engage our Services.

1. Acceptance of Terms

By using this Site or entering into a service engagement with Marketing Mason, you represent that you are at least 18 years of age and have the legal authority to enter into binding agreements. If you are acting on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Services

Marketing Mason provides fractional Chief Marketing Officer services, strategic marketing consulting, and related advisory services to businesses. Our Services may include, but are not limited to:

• Strategic marketing leadership and CMO-level advisory

• Marketing team management, mentoring, and hiring support

• Marketing strategy development, planning, and execution oversight

• Brand strategy, positioning, and messaging

• Sales and marketing alignment

• AI workflow integration and team training

• KPI development, attribution, and reporting

• Half-day strategy sessions and marketing audits

The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate engagement agreement or statement of work ("SOW") executed between Marketing Mason and the client.

3. Engagement Terms

Fees and Payment

Fees for Services are as outlined in the applicable engagement agreement. Unless otherwise specified, invoices are due upon receipt. Late payments may incur a fee of 1.5% per month on outstanding balances, or the maximum rate permitted by South Carolina law, whichever is less.

Engagement Duration

The Engaged Fractional CMO service requires a minimum 6-month commitment. The CMO Advisor engagement is month-to-month after any initial commitment period. The Half-Day Strategy Session is a single engagement with a 30-day follow-up call included. Specific terms are defined in each engagement agreement.

Independent Contractor

Marketing Mason operates as an independent contractor, not an employee, partner, or joint venturer of any client. Nothing in these Terms or any engagement agreement creates an employment or agency relationship.

4. Use of AI Tools

Marketing Mason incorporates artificial intelligence tools into its service delivery. By engaging our Services, you acknowledge and agree to the following terms regarding AI usage.

In the course of delivering Services, Marketing Mason may use AI-powered tools and large language models ("AI Tools") to assist with research, content drafting, analysis, reporting, prompt library development, and other deliverables. AI Tools are used to augment — not replace — human expertise, judgment, and strategic decision-making.

Client Data and AI

• We will not input client personally identifiable information (PII) or protected customer data into public AI models without your prior written consent

• Confidential business information may be used with commercially licensed, enterprise-grade AI tools with appropriate data handling policies, as necessary to deliver the Services

• We do not use client data to train any AI models

• Any AI-assisted deliverables are reviewed and validated by our team before delivery to the client

AI in Client-Facing Systems

When Marketing Mason builds AI workflows, prompt libraries, or automated systems for a client's team, the client assumes responsibility for the ongoing use, monitoring, and governance of those tools after the engagement concludes or after handoff is complete.

No AI Guarantee

While AI Tools can significantly enhance speed and output quality, Marketing Mason does not guarantee the accuracy of any AI-generated output. All AI-assisted work products are provided subject to the same disclaimers and limitations as any other deliverable under these Terms.

5. Intellectual Property

Client Work Product

Unless otherwise agreed in writing, all custom strategies, marketing plans, and deliverables created specifically for a client during an engagement ("Client Work Product") are owned by the client upon full payment of all associated fees.

Marketing Mason IP

Marketing Mason retains ownership of all proprietary frameworks, methodologies, templates, processes, prompt libraries, SOPs, and tools that exist prior to or are developed independently of any specific client engagement ("MM IP"). This includes, but is not limited to, our application of the CMOx Functional Marketing® framework, reusable templates, assessment tools, and AI prompt systems.

Clients are granted a non-exclusive, non-transferable license to use MM IP delivered during an engagement for their internal business purposes. MM IP may not be resold, sublicensed, or distributed to third parties.

Portfolio and Case Studies

Marketing Mason may reference the existence of a client engagement (company name, industry, and general nature of work) in marketing materials and case studies, unless the client requests otherwise in writing. We will not disclose confidential business results, financial data, or proprietary information without explicit client approval.

6. Confidentiality

Both parties agree to maintain the confidentiality of any non-public information exchanged during an engagement, including business strategies, financial data, customer information, proprietary processes, and trade secrets ("Confidential Information").

Confidential Information does not include information that is publicly available, independently developed, or received from a third party without restriction. This confidentiality obligation survives the termination of any engagement for a period of two (2) years.

7. Website Use

Content

All content on the Site — including text, graphics, logos, images, articles, frameworks, and assessments — is the property of Marketing Mason LLC and is protected by U.S. and international copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without prior written consent.

Assessment and Tools

The Fractional CMO Readiness Assessment and any other interactive tools on the Site are provided for informational and diagnostic purposes only. Results are based on self-reported information and are not a guarantee of outcomes, suitability for any specific engagement, or business performance.

Prohibited Conduct

You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to any portion of the Site; use automated systems to scrape, crawl, or extract content; transmit malware or other harmful code; or impersonate any person or entity.

8. Disclaimers

THE SITE AND ALL CONTENT, TOOLS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Marketing Mason does not guarantee specific business results, revenue increases, or marketing outcomes from any engagement. Past performance, case studies, and testimonials are illustrative and do not guarantee future results. Marketing results depend on numerous factors outside our control, including market conditions, competitive dynamics, team execution, budget allocation, and timing.

Nothing on this Site constitutes legal, financial, tax, or accounting advice. Consult qualified professionals for guidance on those matters.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKETING MASON LLC, ITS OWNER, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO MARKETING MASON DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Marketing Mason LLC, its owner, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site, your breach of these Terms, your violation of any applicable law, or your infringement of any third-party rights.

11. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution, both parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through informal negotiation for a period of thirty (30) days after written notice of the dispute.

Binding Arbitration

If informal resolution is unsuccessful, any remaining dispute shall be resolved by binding arbitration administered in York County, South Carolina, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

All disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

12. Termination

Either party may terminate an engagement as outlined in the applicable engagement agreement. Marketing Mason reserves the right to terminate or suspend access to the Site at any time, without notice, for conduct that violates these Terms or is harmful to other users or the business.

Upon termination of an engagement, all outstanding fees become immediately due. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive.

13. General Provisions

Entire Agreement

These Terms, together with any executed engagement agreement and our Privacy Policy, constitute the entire agreement between you and Marketing Mason regarding the subject matter herein. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement shall control.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

The failure of Marketing Mason to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. Marketing Mason may assign these Terms without restriction.

Amendments

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Site or Services after changes are posted constitutes acceptance of the modified Terms.

14. Contact

For questions about these Terms, contact:

Marketing Mason LLC
Marcus Hermens, Founder
Fort Mill, SC 29708
Marcus@marketingmason.com