Terms of Use
Welcome to the website of Goliath Marketing ("Goliath," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, content, forms, booking pages, communications, and any related online materials we make available through this website.
By accessing or using our website, submitting a form, booking a call, or communicating with us through this website, you agree to these Terms. If you do not agree, do not use this website.
These Terms apply to website use only unless otherwise stated. If you become a client of Goliath Marketing, your services will be governed by a separate written agreement, proposal, order form, statement of work, invoice terms, or other client agreement.
1. Who We Are
Goliath Marketing is a performance marketing company that helps media companies generate qualified booked sales calls through paid ads, templated ad creative, qualification-focused landing pages, calendar booking, client communication, lead delivery, and performance-based billing.
Our website is intended to provide general information about our company, services, process, and performance model.
2. Use of This Website
You may use this website only for lawful purposes and in accordance with these Terms.
You agree not to:
- Use the website for any illegal, fraudulent, harmful, or unauthorized purpose
- Attempt to gain unauthorized access to the website, servers, forms, systems, or connected platforms
- Interfere with or disrupt the operation or security of the website
- Use bots, scrapers, crawlers, or automated tools to access or copy website content without permission
- Submit false, misleading, incomplete, or inaccurate information through any form or booking page
- Impersonate another person or company
- Upload or transmit malicious code, spam, or harmful content
- Copy, reproduce, resell, or exploit any part of the website or content without written permission
- Use our name, logo, content, or materials in a way that suggests endorsement without permission
We reserve the right to restrict, suspend, or terminate access to the website if we believe someone has violated these Terms or used the website improperly.
3. Website Information Is Not a Guarantee
The information on this website is provided for general informational and marketing purposes only.
Nothing on this website guarantees that you or your company will receive any specific number of leads, booked calls, customers, revenue, return on ad spend, profit, or business result.
Marketing performance depends on many factors, including but not limited to:
- Your offer
- Your target market
- Your sales process
- Your follow-up
- Your ability to close sales calls
- Your ad budget
- Your industry
- Your pricing
- Your competition
- Your brand assets
- Your customer demand
- Your response speed
- Campaign performance
- Market conditions
- Platform performance
- Creative quality
- Landing page performance
- Qualification criteria
Any examples, testimonials, case studies, projections, estimates, or performance discussions are for informational purposes only and should not be treated as a promise, warranty, or guarantee of future results.
4. No Professional Advice
The content on this website does not constitute legal, financial, tax, accounting, investment, or professional business advice.
You should consult your own professional advisors before making legal, financial, tax, advertising, contractual, or business decisions.
Any business, marketing, or advertising information on this website is general in nature and may not apply to your specific situation.
5. Services Require Separate Agreement
Viewing this website, submitting a form, booking a call, or communicating with Goliath does not create a client relationship.
A client relationship begins only when both parties agree to specific terms in a separate written agreement, proposal, order form, statement of work, signed document, invoice arrangement, or other accepted client agreement.
Any services, pricing, deliverables, timelines, lead qualification rules, billing terms, refund terms, cancellation terms, or client obligations will be governed by the applicable client agreement, not by general website content.
If there is any conflict between these Terms and a signed client agreement, the signed client agreement controls for the client relationship.
6. Performance Model Disclaimer
Goliath may describe a performance-based model where billing is connected to qualified booked sales calls or qualified sales opportunities.
Any description of our performance model on this website is general and may not represent final terms for a specific client.
Final terms may depend on factors such as:
- Client offer
- Target customer
- Lead qualification criteria
- Campaign setup
- Ad platform
- Sales process
- Required launch assets
- Ad budget
- Market fit
- Billing rules
- No-show, cancellation, and reschedule rules
- Lead dispute rules
- Payment timing
No pricing, billing model, or performance structure is final unless confirmed in a separate written agreement or accepted proposal.
7. Qualified Lead and Booked Call Disclaimer
Any reference to a "qualified lead," "qualified booked call," "qualified booked sales call," "qualified sales opportunity," or similar term is subject to the specific qualification criteria agreed upon with a client.
Unless otherwise agreed in writing, qualification criteria may vary by client, offer, campaign, market, and sales process.
Website descriptions of qualified leads are general and do not automatically define billable leads for any specific client engagement.
8. Ad Spend and Third-Party Platforms
Clients are typically responsible for their own advertising budget unless otherwise agreed in writing.
We may use or recommend third-party platforms, including advertising platforms, landing page tools, calendar tools, CRM systems, communication platforms, analytics tools, automation tools, payment tools, and other business software.
We do not control third-party platforms and are not responsible for:
- Platform outages
- Account restrictions
- Ad disapprovals
- Algorithm changes
- Tracking issues
- Data delays
- Changes in platform rules
- Payment processor issues
- Calendar tool issues
- CRM or automation errors
- Third-party security incidents
- Losses caused by third-party tools or services
Your use of third-party platforms may be subject to their own terms, policies, fees, and privacy practices.
9. Testimonials, Case Studies, and Results
Testimonials, case studies, client examples, campaign examples, or performance discussions shown on this website are provided for illustrative purposes.
They represent individual experiences or specific campaign circumstances and do not guarantee that future clients will receive the same or similar results.
Results may vary based on many factors, including offer quality, market demand, ad spend, sales process, follow-up, targeting, creative, landing page performance, competition, and client execution.
If we describe estimated deal value, closed clients, lead volume, booked calls, or similar performance information, those statements are based on the information available to us at the time and may include client-provided information.
You should not rely on testimonials or case studies as a promise of your own results.
10. Website Content and Intellectual Property
All content on this website, including text, graphics, designs, layouts, logos, icons, images, videos, page structure, service descriptions, frameworks, processes, and other materials, is owned by or licensed to Goliath Marketing unless otherwise stated.
You may view the website for personal or internal business evaluation purposes only.
You may not, without our prior written permission:
- Copy website content
- Reproduce website pages
- Use our brand assets
- Republish our materials
- Create derivative works from our content
- Sell or license our content
- Use our frameworks, processes, or page structure as your own
- Misrepresent our content as your own
- Use our name or materials in a misleading way
All rights not expressly granted are reserved.
11. User Submissions
If you submit information through our website, forms, calendar pages, email, or other communication channels, you represent that the information is accurate and that you have the right to provide it.
You are responsible for the information you submit.
By submitting information to us, you grant us permission to use it for purposes related to responding to your inquiry, evaluating fit, providing services, preparing proposals, improving our business, and communicating with you, subject to our Privacy Policy.
Do not submit confidential, sensitive, proprietary, or regulated information unless we have specifically requested it and appropriate protections are in place.
12. Booking Calls
When you book a call with Goliath, you agree to provide accurate information and attend the call at the scheduled time.
We reserve the right to cancel, decline, or reschedule calls at our discretion, including if we believe the company is not a fit, the booking information is incomplete or inaccurate, or the call was booked for spam, solicitation, or unrelated purposes.
Booking a call does not guarantee that we will work together, offer services, provide a proposal, or accept you as a client.
13. Communications Consent
By submitting a form, booking a call, or contacting us, you agree that Goliath may contact you using the information you provide, including by email, phone, SMS/text message, calendar invitation, or other communication methods.
Message and data rates may apply for SMS/text communications.
You may opt out of marketing communications where applicable, but we may still send administrative, transactional, scheduling, legal, or service-related messages.
14. Privacy
Your use of our website is also governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use, share, and protect information.
If these Terms conflict with the Privacy Policy regarding privacy matters, the Privacy Policy will control for those privacy matters.
15. Links to Third-Party Websites
Our website may contain links to third-party websites, platforms, booking pages, payment processors, social media pages, or other external resources.
We provide these links for convenience only.
We do not control third-party websites and are not responsible for their content, security, policies, practices, availability, or accuracy.
Your use of third-party websites is at your own risk and subject to their own terms and privacy policies.
16. No Warranty
This website is provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Goliath disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and uninterrupted operation.
We do not guarantee that:
- The website will always be available
- The website will be error-free
- The website will be secure
- Website content will always be current
- Any defects will be corrected
- The website will be free from viruses or harmful components
- Any information on the website will be complete or accurate for your specific situation
You use the website at your own risk.
17. Limitation of Liability
To the fullest extent permitted by law, Goliath Marketing and its owners, founders, team members, contractors, affiliates, service providers, and partners will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of the website.
This includes damages for lost profits, lost revenue, lost business, lost data, loss of goodwill, business interruption, advertising losses, platform issues, or other intangible losses, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for any claim arising from or related to the website or these Terms will not exceed one hundred dollars ($100) or the amount you paid directly to us for website access, whichever is greater.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
18. Indemnification
You agree to defend, indemnify, and hold harmless Goliath Marketing and its owners, founders, team members, contractors, affiliates, service providers, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
- Your use of the website
- Your violation of these Terms
- Your violation of any law or third-party right
- Information you submit to us
- Your misuse of our content, name, brand, or materials
- Your communication with us under false or misleading information
19. Availability and Changes to the Website
We may update, modify, suspend, or discontinue any part of the website at any time without notice.
We may also update website content, service descriptions, pricing descriptions, process descriptions, case studies, FAQs, or other materials at any time.
We are not responsible if any part of the website becomes unavailable or if website information becomes outdated.
20. Geographic Use
Goliath Marketing operates from [Insert Country/State].
We do not represent that this website or its content is appropriate or available in every location.
If you access the website from outside our operating location, you are responsible for complying with local laws.
21. Governing Law
These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles.
You agree that any dispute arising out of or related to these Terms or your use of the website will be handled in the courts located in [Insert County, State], unless otherwise required by applicable law.
22. Dispute Resolution
Before filing any legal claim, you agree to first contact us at hello@goliathmarketing.com and attempt to resolve the dispute informally.
If the dispute cannot be resolved informally, the dispute will be handled according to the governing law and venue stated in these Terms, unless a separate written agreement provides otherwise.
Optional arbitration language may be added here if reviewed and approved by an attorney.
23. Severability
If any part of these Terms is found to be unlawful, invalid, or unenforceable, the remaining sections will remain in full force and effect.
The invalid or unenforceable provision will be interpreted to the maximum extent permitted by law to achieve its intended purpose.
24. No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.
25. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the website, represent the entire agreement between you and Goliath regarding your use of the website.
These Terms do not replace or modify any separate signed client agreement between you and Goliath.
26. Updates to These Terms
We may update these Terms from time to time.
When we update them, we will revise the "Last Updated" date at the top of this page.
Your continued use of the website after updated Terms are posted means you accept the updated Terms.
27. Contact Us
If you have questions about these Terms, contact us at:
Goliath Marketing
Legal Contact Email: hello@goliathmarketing.com
Business Name: Goliath Marketing
Address: [Insert Business Address, if applicable]
This document is provided for website transparency. Have qualified legal counsel review it before relying on it for compliance purposes.