Terms and Conditions

1. Acceptance of Terms

These Website Terms and Conditions of Use (the “Terms”) govern your access to and use of the websites, landing pages, online forms, content, communications, digital properties, advertisements, social-media pages, client portals, downloadable materials, and other online or offline services made available by 898 Marketing, LLC and its affiliates, subsidiaries, successors, and assigns (collectively, “898 Marketing,” “Company,” “we,” “us,” or “our”) that link to or incorporate these Terms (collectively, the “Website” or “Services”).

By accessing, browsing, registering for, submitting information through, requesting information from, interacting with, or otherwise using the Website or Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you access or use the Website or Services on behalf of a company, organization, client, or other entity, you represent and warrant that you have authority to bind that entity, and “you” includes both you and that entity.

If you have entered into a signed master services agreement, statement of work, insertion order, data processing addendum, business associate agreement, confidentiality agreement, or other written agreement with 898 Marketing, that separate agreement controls to the extent it expressly conflicts with these Terms. These Terms govern public website access and general online interactions and do not replace any written client-specific agreement signed by 898 Marketing.

2. Eligibility; United States Use

The Website and Services are intended for users who are at least 18 years old or the age of majority in their jurisdiction. The Website and Services are not directed to children under 13. You may not access or use the Website or Services if you are barred from doing so under applicable law or if your use would violate applicable law.

898 Marketing is based in the United States, and the Website and Services are intended primarily for use in the United States. We make no representation that the Website, Services, or content are appropriate or available outside the United States. If you access the Website or Services from another jurisdiction, you are responsible for compliance with applicable local laws.

3. Changes to Terms

We may modify, supplement, or replace these Terms at any time in our discretion. Changes will be effective when posted or as otherwise stated in the notice. Your continued access to or use of the Website or Services after changes become effective constitutes your acceptance of the revised Terms. You should review these Terms periodically.

4. Website and Services; No Guarantee of Results

898 Marketing provides marketing, advertising, branding, creative, communications, web, strategy, content, analytics, consulting, and related services. Website descriptions of services, case studies, examples, awards, rankings, blogs, articles, alerts, reports, and other content are provided for general informational and promotional purposes only.

Marketing, advertising, search-engine optimization, paid media, public relations, website, analytics, content, and lead-generation results depend on numerous factors outside 898 Marketing’s control, including client information, budget, market conditions, competitive activity, platform algorithms, third-party policies, search-engine changes, placing decisions by publishers, audience behavior, creative approvals, legal approvals, client compliance, tracking limitations, consent restrictions, and data quality. 898 Marketing does not promise or guarantee any particular ranking, placement, conversion, click-through rate, impression volume, cost-per-click, cost-per-acquisition, revenue, return on ad spend, lead volume, award, publicity result, consumer response, or other business outcome.

5. Privacy Policy; Cookies; Tracking Technologies

Your use of the Website and Services is subject to our Privacy Policy. The Website may use cookies, pixels, tags, analytics, advertising technologies, session-replay tools, heat-mapping tools, call-tracking tools, chatbots, server logs, device identifiers, and similar technologies as described in the Privacy Policy and any cookie banner or preference center we make available. Where required by law, we will provide choices or obtain consent for certain technologies.

You acknowledge that disabling cookies or other technologies may affect the functionality, availability, personalization, advertising, analytics, or measurement capabilities of the Website or Services.

6. Electronic Communications; Calls; Text Messages; Email Marketing

When you use the Website or Services, submit a form, send us an email, provide a phone number, opt in to communications, or otherwise communicate with us electronically, you consent to receive electronic communications from or on behalf of 898 Marketing, which may include emails, texts, calls, notices, disclosures, confirmations, administrative messages, and marketing communications, subject to applicable law and your opt-out rights.

By providing a telephone number, you represent that you are the subscriber or customary user of that number and that you have authority to consent to communications at that number. Where required by law, we will obtain prior express written consent before sending marketing texts or placing marketing calls using an automatic telephone dialing system or artificial or prerecorded voice. Consent to marketing calls or texts is not a condition of purchasing any property, goods, or services unless expressly disclosed and permitted by law. Message and data rates may apply.

You may opt out of marketing emails by using the unsubscribe link where available or by contacting us. You may opt out of text messages by replying STOP to a text message or by following other instructions provided. We may continue to send transactional, administrative, security, legal, or service-related communications where permitted by law.

7. Client Responsibilities for Advertising and Marketing Compliance

If you are a client, prospective client, advertiser, publisher, agency partner, vendor, or other business user, you are solely responsible for ensuring that all information, instructions, claims, substantiation, products, services, offers, prices, promotions, testimonials, endorsements, reviews, audience lists, personal information, tracking instructions, tags, pixels, scripts, consent signals, and materials you provide or approve are accurate, lawful, authorized, non-infringing, adequately substantiated, not deceptive or unfair, and compliant with all applicable laws, regulations, platform policies, industry rules, and self-regulatory standards.

Without limitation, you are responsible for compliance with laws and standards governing advertising, claim substantiation, endorsements, influencer marketing, native advertising, social-media disclosures, consumer reviews and testimonials, sweepstakes and contests, promotions, email marketing, text-message marketing, telemarketing, privacy, data security, online tracking, targeted advertising, sale or sharing of personal information, unfair or deceptive trade practices, intellectual property, publicity rights, and accessibility.

You must provide all disclosures, disclaimers, qualifications, consent language, privacy notices, opt-out mechanisms, terms, conditions, risk disclosures, and substantiation reasonably necessary for your advertising, campaigns, content, offers, products, services, and data practices. 898 Marketing may provide drafting, creative, technical, strategic, or other support, but unless expressly agreed in a signed writing by 898 Marketing, 898 Marketing does not act as your legal, regulatory, compliance, tax, accounting, or professional advisor and does not assume responsibility for your compliance obligations.

8. Advertising Claims; Endorsements; Testimonials; Reviews

You represent and warrant that each express or implied advertising claim you provide, approve, request, or cause to be disseminated is truthful, not misleading, adequately substantiated before dissemination, and supported by evidence appropriate to the claim, audience, product, service, and medium. You are responsible for reviewing the net impression of each advertisement, landing page, email, text, social-media post, testimonial, endorsement, review, influencer post, and other marketing communication.

If you provide, approve, request, or use endorsements, testimonials, influencer content, customer reviews, ratings, case studies, before-and-after materials, comparative claims, performance claims, savings claims, earnings claims, health-related claims, environmental claims, “Made in USA” claims, pricing claims, or other objective claims, you are responsible for ensuring that those materials are truthful, typical where required, adequately substantiated, and accompanied by clear and conspicuous disclosures of material connections, limitations, conditions, or generally expected results where required.

You may not instruct, request, approve, or facilitate fake reviews, undisclosed paid endorsements, misleading endorsements, review suppression, deceptive rankings, deceptive scarcity or urgency claims, hidden fees, dark patterns, or any content that violates applicable law, platform policies, or consumer-protection standards.

9. User Content and Client Materials

“User Content” means information, materials, text, images, video, audio, data, logos, marks, reviews, testimonials, endorsements, claims, campaign instructions, lists, files, code, tags, scripts, account credentials, platform access, content, and other materials that you submit, upload, provide, approve, connect, authorize, or make available to 898 Marketing or through the Website or Services.

You retain ownership of your User Content, subject to the licenses granted in these Terms and any separate written agreement. You grant 898 Marketing and its service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, access, use, copy, store, process, transmit, display, perform, modify, adapt, create derivative works from, distribute, and otherwise use User Content as reasonably necessary to provide, operate, secure, improve, market, and document the Services; perform client work; make submissions to third-party platforms; comply with law; enforce rights; and exercise rights under these Terms or any applicable agreement.

You represent and warrant that you have all rights, licenses, permissions, consents, notices, and authorizations necessary to provide User Content and to grant the rights described in these Terms. You are solely responsible for User Content and for claims arising from User Content, including claims alleging infringement, privacy violations, publicity-right violations, defamation, false advertising, deceptive practices, data misuse, inadequate consent, or failure to provide required disclosures.

10. Account Access; Third-Party Platforms; Connected Accounts

If you authorize 898 Marketing to access or use any advertising account, analytics account, CRM, email platform, social-media account, content-management system, web-hosting account, domain registrar, cloud account, data source, call-tracking platform, tag manager, consent-management platform, chatbot, AI tool, or other third-party platform or integration, you represent and warrant that you have authority to grant such access and that doing so complies with all applicable laws, agreements, policies, platform rules, and privacy notices.

You are responsible for maintaining the security of your systems, accounts, credentials, users, permissions, and integrations. 898 Marketing is not responsible for third-party platforms, changes in platform policies, account suspensions, outages, algorithm changes, rejected ads, tracking limitations, data discrepancies, platform errors, access restrictions, or actions taken by third parties.

You may revoke access as permitted by the applicable platform and agreement, subject to operational limitations, legal requirements, backup retention, and work already performed. Revocation of access may prevent or limit 898 Marketing’s ability to perform Services, and 898 Marketing will not be responsible for resulting delay, nonperformance, or loss.

11. Artificial Intelligence and Automated Tools

898 Marketing may use automated tools, machine-learning systems, generative artificial intelligence, analytics, lead-scoring tools, audience-segmentation tools, natural-language tools, design tools, content-assistance tools, transcription tools, chatbots, fraud-detection tools, quality-assurance tools, and other AI-assisted technologies to support business operations, marketing, analytics, creative development, quality assurance, communications, security, campaign optimization, and client-service functions.

AI-generated or automated outputs may be inaccurate, incomplete, biased, outdated, misleading, or inappropriate. You are responsible for reviewing, validating, approving, and determining the suitability, accuracy, legality, substantiation, clearance, and compliance of any AI-generated, automated, or draft output before publication, distribution, reliance, or use. 898 Marketing does not guarantee the accuracy, originality, protectability, non-infringement, availability, or legal compliance of AI-generated content or automated outputs.

You shall not submit confidential, sensitive, regulated, personal, health, financial, or third-party information to any AI or automated tool through the Services unless you have the authority and legal basis to do so and unless the disclosure is permitted by applicable agreements, laws, and policies. Unless expressly agreed in writing, 898 Marketing will not intentionally use identifiable client confidential information to train a third-party general-purpose AI model.

12. Intellectual Property; Limited License

The Website, Services, software, designs, layouts, trade names, trademarks, service marks, logos, copy, images, video, audio, graphics, interfaces, dashboards, workflows, methods, algorithms, prompts, prompt libraries, analytics, reports, templates, forms, documentation, code, databases, and other content or materials made available by or for 898 Marketing are owned by 898 Marketing, its licensors, suppliers, or other rights holders and are protected by intellectual-property and other laws.

Subject to these Terms, 898 Marketing grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use publicly available portions of the Website for your lawful, personal, internal business, or informational purposes. No SaaS, service-bureau, outsourcing, resale, white-label, sublicensing, data-mining, scraping, training, benchmarking, or competing-use rights are granted.

You may not copy, reproduce, modify, adapt, translate, distribute, publicly display, publicly perform, republish, download, store, transmit, frame, scrape, monitor, harvest, benchmark, reverse engineer, decompile, disassemble, extract prompts from, prompt-inject, train on, test against, validate against, or create derivative works from the Website, Services, content, data, code, outputs, or materials except as expressly authorized in writing by 898 Marketing.

13. Acceptable Use; Prohibited Conduct

You agree not to use the Website or Services to:

• violate any law, regulation, contractual obligation, platform policy, or third-party right;
• submit false, misleading, deceptive, defamatory, obscene, harassing, threatening, hateful, infringing, unlawful, or otherwise objectionable content;
• send spam, unlawful marketing communications, malware, malicious code, phishing messages, fraudulent requests, or unauthorized solicitations;
• interfere with, disrupt, damage, disable, overburden, or impair the Website, Services, systems, networks, security, or integrity of data;
• use bots, scrapers, crawlers, spiders, automated scripts, or similar tools to access, monitor, copy, harvest, index, or manipulate the Website or Services without written permission;
• attempt to gain unauthorized access to accounts, systems, networks, data, trade secrets, source code, non-public areas, or connected third-party platforms;
• misrepresent your identity, affiliation, authority, consent, permissions, or legal rights;
• upload, transmit, or authorize information you do not have the right to disclose or process;
• use the Website or Services to develop, train, validate, benchmark, or operate a competing product, service, model, platform, or business; or
• encourage, assist, or permit any other person to do any of the foregoing.

14. Third-Party Websites, Platforms, Vendors, and Content

The Website and Services may link to, depend on, display, integrate with, or use third-party websites, applications, platforms, vendors, advertising networks, analytics tools, social-media platforms, payment processors, AI tools, cloud providers, browser features, app stores, plug-ins, publishers, affiliates, and other services. 898 Marketing does not own or control third-party services and is not responsible for their acts, omissions, content, availability, accuracy, security, privacy practices, terms, policies, fees, data handling, compliance, outages, or changes.

Your use of third-party services is governed by the applicable third party’s terms and policies. You are responsible for complying with those terms and policies. 898 Marketing may add, remove, replace, or modify vendors, tools, or integrations at any time, subject to applicable agreements and law.

15. User Submissions; Feedback; Publicity

If you submit ideas, suggestions, feedback, recommendations, comments, questions, reviews, or other materials to 898 Marketing, you grant 898 Marketing a perpetual, worldwide, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, display, perform, create derivative works from, commercialize, and otherwise exploit that feedback for any lawful purpose without compensation or obligation to you.

Unless otherwise agreed in writing, 898 Marketing may identify you or your company as a client, customer, vendor, partner, or user and may use your name, trade name, logo, and general description of services provided for portfolio, marketing, proposal, case-study, credential, website, and business-development purposes, subject to any written confidentiality restrictions or brand-use guidelines you provide and that 898 Marketing accepts in writing.

16. Payments; Fees; Taxes; Collections

If any paid Services are made available through or in relation to the Website, fees, payment terms, taxes, expenses, subscriptions, renewal terms, cancellation rights, and refund rules will be stated in the applicable order form, statement of work, invoice, online checkout, or separate agreement. Unless otherwise stated in a signed writing, all fees are non-refundable once work begins or access is provided.

You authorize 898 Marketing and its payment processors to process payment information you provide and to obtain updated payment information from your card issuer or payment provider where available. You represent and warrant that payment information you provide is accurate and that you are authorized to use it. Past-due amounts may bear interest at the lesser of 1.5% per month or the highest rate permitted by law. You are responsible for reasonable costs of collection, including attorneys’ fees, where permitted by law.

17. No Professional Advice; Informational Content

Website content is provided for general informational and promotional purposes only and does not constitute legal, financial, tax, accounting, compliance, medical, investment, or other professional advice. You should consult your own qualified advisors regarding your specific circumstances. 898 Marketing does not guarantee that any website content is accurate, complete, current, or suitable for your needs.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, SERVICES, CONTENT, MATERIALS, DELIVERABLES MADE AVAILABLE THROUGH THE WEBSITE, THIRD-PARTY SERVICES, INFORMATION, AND ALL RELATED FUNCTIONALITY ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 898 MARKETING DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, TIMELINESS, RESULTS, PERFORMANCE, AND COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, 898 MARKETING DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR HARMFUL CODE, ACCURATE, COMPLETE, CURRENT, OR THAT DEFECTS WILL BE CORRECTED; THAT ANY CAMPAIGN, CONTENT, ADVERTISEMENT, STRATEGY, REPORT, ANALYTICS, AI OUTPUT, OR RECOMMENDATION WILL ACHIEVE ANY PARTICULAR RESULT; OR THAT ANY THIRD-PARTY PLATFORM WILL ACCEPT, APPROVE, DISPLAY, MAINTAIN, TRACK, ATTRIBUTE, OR CONTINUE ANY CAMPAIGN, ACCOUNT, ADVERTISEMENT, CONTENT, OR INTEGRATION.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, 898 MARKETING AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, CONTRACTORS, VENDORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR SIMILAR DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, CUSTOMERS, LEADS, SAVINGS, OPPORTUNITIES, OR REPUTATION; BUSINESS INTERRUPTION; COSTS OF SUBSTITUTE SERVICES; OR CLAIMS ARISING FROM OR RELATING TO THE WEBSITE, SERVICES, CONTENT, USER CONTENT, THIRD-PARTY SERVICES, MARKETING RESULTS, PLATFORM ACTIONS, DATA PRACTICES, SECURITY INCIDENTS, AI OUTPUTS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, 898 MARKETING’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, CONTENT, THESE TERMS, OR ANY RELATED MATTER WILL NOT EXCEED THE GREATER OF (A) $500 OR (B) THE AMOUNTS YOU PAID DIRECTLY TO 898 MARKETING FOR THE SPECIFIC WEBSITE-BASED SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE A CLIENT WITH A SIGNED AGREEMENT THAT CONTAINS A DIFFERENT LIABILITY CAP, THE LIABILITY CAP IN THAT SIGNED AGREEMENT CONTROLS FOR SERVICES GOVERNED BY THAT AGREEMENT.

THE LIMITATIONS IN THESE TERMS ARE A MATERIAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

20. Release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE 898 MARKETING AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, CONTRACTORS, VENDORS, LICENSORS, AND SERVICE PROVIDERS FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, AND CAUSES OF ACTION ARISING FROM OR RELATING TO THE WEBSITE, SERVICES, CONTENT, USER CONTENT, THIRD-PARTY SERVICES, PLATFORM CHANGES, MARKETING RESULTS, DATA PRACTICES, AI OUTPUTS, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY.

21. Indemnification

You agree to indemnify, defend, and hold harmless 898 Marketing and its officers, directors, members, managers, owners, employees, agents, representatives, affiliates, parents, subsidiaries, successors, assigns, contractors, vendors, licensors, and service providers from and against all claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, arising from or relating to:

• your access to or use of the Website or Services;
• your violation of these Terms, the Privacy Policy, any applicable agreement, any law, regulation, rule, platform policy, or third-party right;
• User Content or instructions that you provide, approve, request, or authorize;
• advertising claims, content, disclosures, testimonials, endorsements, reviews, promotions, offers, products, services, websites, or materials that you provide, approve, request, sell, market, or cause to be disseminated;
• failure to obtain, document, maintain, honor, or transmit consents, authorizations, notices, disclosures, opt-outs, revocations, or permissions required by law or contract;
• email, text, telemarketing, advertising, targeted advertising, sale or sharing of personal information, analytics, tracking, lead generation, data processing, or platform instructions you provide or approve;
• your systems, security, credentials, users, accounts, integrations, data, products, services, customers, prospects, employees, contractors, vendors, or third-party relationships;
• any allegation that User Content or your products, services, advertising, or instructions infringed, misappropriated, or violated any intellectual-property, privacy, publicity, contractual, consumer-protection, or other right; or
• your negligence, willful misconduct, fraud, misrepresentation, or violation of law.

898 Marketing may, at your expense, assume control of the defense and settlement of any matter subject to indemnification. You may not settle any matter in a way that imposes liability, obligation, admission, or restriction on 898 Marketing without 898 Marketing’s prior written consent.

22. Termination; Suspension; Removal

898 Marketing may suspend, restrict, terminate, or modify your access to the Website or Services, remove content, disable features, reject submissions, stop work, or terminate these Terms at any time, with or without notice, for any reason, including if we believe you violated these Terms, created risk, provided inaccurate information, failed to pay amounts due, violated law or platform policy, or used the Website or Services in a manner that may harm 898 Marketing or others.

Upon termination, your right to access or use the Website and Services will stop immediately. Sections that by their nature should survive will survive, including provisions concerning intellectual property, User Content licenses, disclaimers, limitations of liability, release, indemnification, dispute resolution, governing law, confidentiality, and miscellaneous terms.

23. Copyright Complaints; Intellectual-Property Notices

If you believe material on the Website infringes your copyright or other intellectual-property rights, please provide a written notice to 898 Marketing at the contact information below that includes sufficient information for us to identify the material and evaluate the claim. We may remove or disable access to material alleged to infringe and may terminate repeat infringers where appropriate.

24. Governing Law; Venue

These Terms and any Dispute are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below. Subject to the arbitration agreement and exceptions below, the state and federal courts located in Chicago, Illinois will have exclusive jurisdiction and venue for any court proceeding permitted under these Terms, and you consent to personal jurisdiction and waive objections based on venue or forum non conveniens.

25. Dispute Resolution; Mandatory Individual Arbitration; Jury Trial Waiver; Class-Action Waiver; Mass-Filing Procedures

Please read this section carefully. It affects your rights. You and 898 Marketing agree that any dispute, claim, controversy, demand, or cause of action, whether based on past, present, or future events, arising out of or relating to the Website, Services, content, User Content, Privacy Policy, these Terms, prior versions of these Terms, communications, advertising, marketing, data, payments, alleged privacy or consumer-protection violations, statutory claims, common-law claims, or your relationship with 898 Marketing (each, a “Dispute”) will be resolved only by binding individual arbitration, except as expressly provided below.

25.1 Informal Resolution Required

Before initiating arbitration, you and 898 Marketing must attempt in good faith to resolve the Dispute informally for at least thirty (30) days. The party asserting a Dispute must send a written notice describing the Dispute, the facts, requested relief, claimant’s name, address, email, phone number, account identifiers if any, counsel if any, and a signed statement verifying that the information is true and correct to the best of the claimant’s knowledge. Notices to 898 Marketing must be sent to info@898marketing.com and by certified mail to: 898 Marketing, LLC, Attn: Legal / Arbitration Notice, 5721 Shields Rd A, Canfield, OH 44406.

The limitations period and any filing-fee obligation will be tolled during the required informal-resolution period. If the Dispute is not resolved during that period, either party may initiate arbitration as provided below.

25.2 Arbitration Administrator and Rules

Except for small-claims matters and excluded claims described below, arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules, Commercial Arbitration Rules, and/or Mass Arbitration Supplementary Rules, as applicable, then in effect, except as modified by these Terms. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator must be a retired judge or attorney licensed to practice law and will have authority to award individual relief available in court, subject to these Terms.

All issues concerning arbitrability, including the scope, applicability, interpretation, enforceability, revocability, or validity of this arbitration agreement, will be decided by the arbitrator, except that a court of competent jurisdiction will decide issues concerning the enforceability or validity of the class-action, collective-action, representative-action, public-injunctive-relief, or mass-filing waivers and procedures.

25.3 Individual Proceedings Only; Class, Collective, Representative, and Public-Injunctive-Relief Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND 898 MARKETING AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PUBLIC-INJUNCTIVE-RELIEF PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PUBLIC-INJUNCTIVE-RELIEF PROCEEDING.

If a court determines that applicable law precludes enforcement of the waiver of public injunctive relief as to a particular claim or request for relief, that claim or request for relief must be severed and stayed in court pending completion of arbitration of all arbitrable claims and remedies. All other claims and remedies must be arbitrated individually.

25.4 Mass-Filing and Coordinated-Claim Procedures

If twenty-five (25) or more similar arbitration demands or notices are asserted against 898 Marketing by or with the assistance of the same or coordinated counsel, organizations, funders, claim generators, or representatives, or if AAA designates the matter as a mass arbitration or coordinated filing, the parties agree that the following procedures apply to the fullest extent permitted by law and in addition to AAA’s Mass Arbitration Supplementary Rules:

• Each claimant must personally satisfy the informal-resolution requirement and submit an individualized notice and demand containing claimant-specific facts, requested relief, and a signed verification.
• A Process Arbitrator may be appointed to resolve threshold administrative, filing, notice, verification, compliance, batching, fee, and procedural issues before any merits arbitrator is appointed.
• Claims may be grouped into batches of up to twenty-five (25) claimants per batch, unless the parties or Process Arbitrator determine another number is more efficient and fair.
• No more than one batch may proceed to merits arbitration at a time unless the parties agree otherwise or the Process Arbitrator orders otherwise for good cause.
• After the first batch is resolved, the parties must participate in mediation or a settlement conference before the next batch proceeds, unless waived by both parties or excused by the Process Arbitrator.
• Filing, administrative, and arbitrator fees will be assessed and paid only for the batch or individual case that is actively proceeding, unless AAA rules or a reasoned order of the Process Arbitrator require otherwise.
• All statutes of limitation and deadlines for non-active batched claims will be tolled from the date a compliant demand is received until the claimant’s claim is selected to proceed, withdrawn, settled, resolved, or otherwise terminated.
• These mass-filing procedures are intended to provide a fair, efficient, economical, and orderly process and are material terms of this arbitration agreement.

25.5 Small Claims; Equitable and IP Relief; Government Proceedings

Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek temporary, preliminary, or permanent injunctive or equitable relief in court to protect intellectual property, confidential information, trade secrets, data, systems, security, accounts, credentials, or against unauthorized access or misuse, without waiving arbitration. Nothing in these Terms prevents you from communicating with a government agency or participating in a government investigation to the extent protected by law.

25.6 Fees; Hearing; Relief; Award

Arbitration fees will be governed by the applicable AAA rules and fee schedules, subject to modification by these Terms and any applicable law. The arbitration may be conducted by video, telephone, documents-only submission, or in person, as determined by the arbitrator under the applicable rules. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award must comply with the limitations of liability, disclaimers, releases, and remedial restrictions in these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

25.7 Jury Trial Waiver

IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION FOR ANY REASON, YOU AND 898 MARKETING KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

25.8 Opt-Out

You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by sending written notice to info@898marketing.com and by certified mail to 898 Marketing, LLC, Attn: Arbitration Opt-Out, 5721 Shields Rd A, Canfield, OH 44406. The notice must include your full name, address, phone number, email address, and a clear statement that you opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms, including the jury-trial waiver, governing-law clause, venue clause, limitations of liability, release, or class-action waiver to the extent enforceable outside arbitration.

26. Force Majeure

898 Marketing will not be liable for delay, failure, loss, or damage caused by events beyond its reasonable control, including acts of God, natural disasters, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, supply shortages, utility failures, public-network failures, telecommunications failures, internet outages, cyberattacks, malicious code, third-party platform outages, government action, legal restrictions, fires, floods, power failures, or other events beyond reasonable control.

27. Confidentiality

If you receive non-public information from 898 Marketing, including proposals, pricing, methods, strategies, reports, analytics, credentials, platform access, technical information, business information, or other confidential information, you must protect it using reasonable safeguards and may use it only for the purpose for which it was disclosed. Confidentiality obligations in a separate written agreement control to the extent they differ from this section.

28. Miscellaneous

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations without 898 Marketing’s prior written consent. 898 Marketing may assign, delegate, or transfer these Terms, in whole or part, without notice or consent.

Severability. If any provision of these Terms is held unenforceable, the provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. If any portion of the arbitration agreement is held unenforceable, the parties intend that the remaining portions be enforced to the fullest extent permitted by law.

No Waiver. 898 Marketing’s failure to enforce any provision is not a waiver. Any waiver must be in writing and signed by 898 Marketing.

No Third-Party Beneficiaries. Except for 898 Marketing’s affiliates, service providers, vendors, licensors, officers, directors, members, managers, owners, employees, agents, representatives, successors, and assigns, who are intended beneficiaries of the protective provisions in these Terms, these Terms do not confer rights on third parties.

Entire Agreement. These Terms, the Privacy Policy, and any additional terms incorporated by reference constitute the entire agreement between you and 898 Marketing regarding public website access and general online use, subject to any signed written agreement that governs specific client services.

Headings. Headings are for convenience only and do not affect interpretation.

29. Contact Information

If you have questions about these Terms, please contact us at:

898 Marketing, LLC
Attn: Legal / Terms of Use
5721 Shields Rd A, Canfield, OH 44406
Email: info@898marketing.com
Phone: (330) 423-6420

30. Acceptance

BY ACCESSING, BROWSING, SUBMITTING INFORMATION THROUGH, CLICKING “I ACCEPT,” REGISTERING FOR, OR USING THE WEBSITE OR SERVICES, YOU REPRESENT, WARRANT, AND COVENANT THAT: (I) YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION; (II) YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS; (III) YOU HAVE AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT; (IV) YOU UNDERSTAND THAT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS AND REMEDIES; AND (V) YOU WILL COMPLY WITH THESE TERMS.