Terms of Service
Effective date: June 1, 2026
These Terms of Service ("Terms") govern your use of tearawaymarketing.com (the "Site") and any marketing services you engage from Tearaway Marketing ("Tearaway Marketing," "we," "us," or "our"). By using the Site or working with us, you agree to these Terms. If you don't agree, please don't use the Site.
1. Who we are
Tearaway Marketing is a full-service marketing agency in Cache Valley, Utah, offering website design and hosting, content and video production, paid advertising, email and SMS marketing, and social media management for e-commerce brands and local service businesses.
2. Using the Site
You may use the Site for lawful purposes only. You agree not to misuse it, attempt to disrupt it, access it through unauthorized means, or use it to infringe anyone's rights. We may change, suspend, or discontinue any part of the Site at any time.
3. Engagements and proposals
These Terms cover your general use of the Site. Any specific services we provide are governed by a separate proposal, statement of work, or written agreement ("Engagement") describing the scope, deliverables, timeline, and fees. If anything in an Engagement conflicts with these Terms, the Engagement controls for that project.
4. Fees, billing, and cancellation
- Subscriptions. Ongoing services (such as website hosting, care, and management plans) are billed monthly in advance. Plans renew automatically until cancelled.
- Build and project fees. One-time fees (such as a website build) are quoted in your Engagement and billed as stated there.
- Advertising spend. Money paid directly to advertising platforms (such as Google, Meta, or TikTok) is separate from our management fees, is billed by those platforms, and is your responsibility.
- No long-term contract. Unless your Engagement says otherwise, monthly plans can be cancelled with reasonable notice before your next billing date. Fees already paid are non-refundable except where required by law or stated in your Engagement.
5. Your responsibilities
To deliver our services, we rely on you to provide accurate information, timely feedback and approvals, and any access we need (for example, to your advertising or hosting accounts). You're responsible for the legality and accuracy of materials, claims, and assets you provide, and for holding the rights to any content you ask us to use.
6. Intellectual property
Our property. The Site, our brand, and our original materials are owned by Tearaway Marketing and protected by law. You may not copy or reuse them without permission.
Your deliverables. Final deliverables we create for you under an Engagement become yours once that Engagement is paid in full, except for any third-party assets (such as stock media, fonts, or platform templates) that remain subject to their own licenses, and our own pre-existing tools and know-how.
Portfolio rights. Unless we agree otherwise in writing, we may display work we've produced for you — including websites, ads, video, and results — in our portfolio and marketing.
7. Third-party platforms
Our services often run on third-party platforms (Squarespace, Google, Meta, TikTok, email tools, and others). Your use of those platforms is subject to their terms and policies, and we're not responsible for their availability, decisions, ad disapprovals, account actions, or changes.
8. No guarantee of results
Marketing outcomes depend on many factors outside our control — your market, offer, budget, platform algorithms, and more. Any examples, past results, or projections we share are illustrative and not a promise of future performance. We don't guarantee specific revenue, leads, rankings, traffic, or return on ad spend.
9. Disclaimers
The Site and our services are provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law.
10. Limitation of liability
To the fullest extent permitted by law, Tearaway Marketing will not be liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Site or our services will not exceed the amount you paid us for the services giving rise to the claim in the three months before the claim arose.
11. Indemnification
You agree to defend and hold harmless Tearaway Marketing from claims, losses, and expenses arising out of materials or information you provide, your breach of these Terms, or your violation of any law or third-party right.
12. Termination
You may stop using the Site at any time. We may suspend or end your access or an Engagement if you breach these Terms or your Engagement, or if we're required to by law. Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
13. Governing law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Any dispute will be handled in the state or federal courts located in Utah, and you consent to their jurisdiction.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we'll revise the "Effective date" above and post the new version here. Your continued use of the Site or our services after changes take effect means you accept the updated Terms.
15. Contact us
Questions about these Terms? Email us at accounts@tearawaymarketing.com.