Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (“Client,” “you,” or “your”) and Marketstone Dynamics LLC (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, your communications with our team, your submission of inquiries or requests for consultation, and any purchase or engagement of our consulting, advisory, marketing, or related strategic services.

By accessing this website, communicating with us through our forms, email, phone, or other channels, requesting strategic assistance, accepting a proposal, signing a Statement of Work, or otherwise engaging our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, along with any other policies or written documents that may be incorporated by reference, including our Privacy Policy and Refund Policy.

If you do not agree to these Terms in full, you should not access, use, or rely on our website, our materials, or our services. These Terms apply to all visitors, leads, prospective clients, business contacts, and active clients, unless superseded by a separate signed written agreement that expressly overrides a particular provision.

Description of Services

Marketstone Dynamics LLC provides professional marketing consulting, strategic planning, market positioning support, audience development advisory, content visibility guidance, business growth recommendations, and related consulting services for businesses seeking structured insight and strategic support. Our services may include, without limitation, brand positioning reviews, market opportunity analysis, content direction planning, campaign advisory, visibility recommendations, communication frameworks, business growth strategy support, and client acquisition planning.

Our work is advisory and consultative in nature. We analyze circumstances, review information made available to us, identify strategic considerations, and provide recommendations, planning materials, and proposed frameworks based on the goals, facts, and business conditions presented by the Client at the time of the engagement. Specific deliverables may vary from one engagement to another and may be defined in a proposal, engagement letter, service package description, invoice, scope summary, or Statement of Work (“SOW”).

We reserve the right to modify, expand, refine, replace, suspend, or discontinue service offerings, packages, engagement formats, or internal delivery methods at any time, provided that any material commitments already accepted in writing with an active Client will continue to be honored unless otherwise agreed between the parties.

Eligibility and Client Responsibilities

To use our services, you must be at least eighteen (18) years old, legally capable of entering into binding contracts, and not prohibited from receiving our services under applicable law. If you are entering into an agreement on behalf of a company, partnership, corporation, limited liability company, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms and any related service documents.

You agree to provide accurate, current, and complete information whenever requested for onboarding, scheduling, invoicing, proposal preparation, service delivery, and communication purposes. You further agree that any information, materials, approvals, credentials, access, references, or business details you provide to us will not knowingly violate the rights of third parties or applicable law.

The quality and timeliness of our services may depend in part on your cooperation. You are responsible for providing timely feedback, requested assets, strategic background, relevant approvals, and any information needed for us to proceed efficiently. Delays caused by missing information, incomplete instructions, unresponsiveness, internal approval bottlenecks, or changing direction may affect delivery timelines and may result in scope adjustments or additional fees where appropriate.

Scope of Work and Engagement Process

Each engagement may be governed by a separate written proposal, quote, invoice, engagement summary, email confirmation, or Statement of Work. That document may define the project scope, deliverables, consulting hours, communication cadence, revision limits, timeline expectations, payment terms, and any assumptions or exclusions relevant to the services.

No work is required to begin until we determine that the engagement has been formally accepted and any required upfront payment or deposit has been received. We may, at our discretion, decline any inquiry or proposed engagement for operational, strategic, legal, ethical, capacity, or business reasons.

Any request that exceeds the agreed scope may constitute additional work. This includes, but is not limited to, significant revisions, new deliverables, expanded research, additional strategy layers, extra meetings, added implementation requests, or material changes to business direction after work has begun. Additional services may be billed separately at our standard rates or under revised written terms.

We may rely on reasonable assumptions when carrying out our work unless instructed otherwise in writing. If information provided by the Client later proves incomplete, inaccurate, outdated, or materially misleading, we reserve the right to revise the scope, timeline, or recommendations as necessary.

Fees, Billing, and Payment Terms

All fees for services will be stated in the applicable proposal, invoice, scope document, or written agreement. Unless otherwise stated, all amounts are denominated in United States Dollars (USD). The Client agrees to pay all fees, deposits, retainers, milestone payments, and outstanding balances in accordance with the payment schedule provided for the engagement.

We may require full payment in advance for short consultations, strategy sessions, or limited-scope advisory services. For project-based work, we may require an initial deposit before work begins, followed by milestone payments or a final balance due upon delivery. For retainer-based work, fees may be billed in advance on a recurring monthly cycle unless otherwise agreed in writing.

Late or unpaid invoices may result in suspension of work, withholding of deliverables, cancellation of future scheduling, or termination of the engagement. The Client remains responsible for all charges incurred up to the date of suspension or termination. We may also apply reasonable late fees where permitted by law and where stated in the applicable service terms or invoice.

The Client is responsible for any applicable taxes, duties, processing fees, or transfer-related charges associated with the services unless explicitly stated otherwise. If a payment is disputed, reversed, or charged back without valid basis, we reserve all rights to pursue recovery of unpaid amounts and related losses.

Intellectual Property

Unless otherwise agreed in writing, Marketstone Dynamics retains all right, title, and interest in and to its pre-existing intellectual property, including methodologies, frameworks, systems, templates, research structures, internal processes, strategic models, know-how, concepts, proprietary wording, presentations, worksheets, and all materials developed independently of the Client’s confidential information.

Upon full payment of all fees due for a specific engagement, the Client receives a limited, non-exclusive right to use the final deliverables created specifically for that Client for the Client’s internal business use and ordinary commercial purposes, subject to any limitations described in the applicable written agreement. No transfer of ownership is implied for background tools, internal frameworks, or reusable proprietary assets unless expressly stated in writing.

The Client represents that any materials it provides to us for review, incorporation, reference, or strategic analysis may lawfully be used for the intended purpose. The Client remains responsible for obtaining any third-party licenses, permissions, or approvals required for materials, brands, content, data, or systems supplied to us.

Confidentiality

During the course of an engagement, either party may disclose confidential or non-public information, including business plans, marketing strategies, pricing structures, internal processes, customer insights, financial details, technical information, launch intentions, performance data, or other commercially sensitive material. Each party agrees to treat such information with reasonable care and not to disclose it to unauthorized third parties except as reasonably necessary for the performance of services, legal compliance, or operational administration.

Confidential information does not include information that is publicly available without breach, already known through lawful means, independently developed without use of confidential information, or required to be disclosed by law, court order, or regulatory request. Where disclosure is legally required, the receiving party may disclose only the portion reasonably necessary for compliance.

Disclaimers and No Guarantee of Results

Our website and services are provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not warrant that our website will always be available, uninterrupted, secure, or error-free, nor do we warrant that our services will achieve any specific performance outcome, financial result, lead volume, revenue increase, conversion lift, market share improvement, ranking position, or business milestone.

Any strategic recommendation we provide is based on the information available to us at the time, our professional judgment, and our assessment of the business context presented. Actual results depend on numerous factors beyond our control, including market conditions, timing, internal team execution, budget allocation, competition, product quality, operational follow-through, regulatory developments, platform changes, and broader economic conditions.

Nothing on our website or in our communications should be interpreted as legal, tax, accounting, investment, or regulatory advice unless expressly stated otherwise in a qualified written engagement.

Limitation of Liability

To the fullest extent permitted by law, Marketstone Dynamics LLC, its members, managers, employees, contractors, affiliates, service providers, and representatives shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the website, the services, any delay, any interruption, any inaccuracy, any recommendation, or any inability to use the services, even if advised of the possibility of such damages.

This limitation includes, without limitation, damages for lost profits, lost opportunities, loss of goodwill, loss of data, business interruption, reputational harm, cost of replacement services, campaign underperformance, or unmet business expectations. Our total aggregate liability for any claim arising out of or relating to an engagement shall not exceed the total amount actually paid by the Client to Marketstone Dynamics for the specific services giving rise to the claim during the three (3) months immediately preceding the event forming the basis of that claim, unless a different limit is required by law.

Termination

Either party may terminate an engagement in accordance with the terms stated in the applicable proposal, SOW, or written agreement. If no specific termination process is stated, we may terminate or suspend services immediately if the Client fails to pay invoices when due, materially breaches these Terms, behaves abusively, requests unlawful conduct, provides false information, or otherwise creates an unreasonable operational, ethical, or legal risk.

Upon termination, the Client remains responsible for payment for all services rendered, time reserved, work completed, approved costs incurred, and non-cancellable commitments made in connection with the engagement through the effective date of termination. Sections that by their nature should survive termination, including payment obligations, confidentiality, intellectual property protections, disclaimers, limitation of liability, and dispute provisions, will remain in effect.

Governing Law and Disputes

These Terms and any dispute arising out of or related to the website or services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. The parties agree to attempt in good faith to resolve disputes through direct communication before initiating formal proceedings.

If a dispute cannot be resolved informally, any legal action or proceeding shall be brought in a court of competent jurisdiction located in Colorado, unless another forum is required by applicable law. You agree to submit to the jurisdiction of such courts for the purpose of resolving any dispute related to these Terms or our services.