Agreement
These Terms and Conditions ("Terms") are a binding agreement between you and 15581065 CANADA LTD., operating as Hammerhead Marketing ("Company," "we," "us," or "our"), covering your use of https://hammerheadmarketing.agency and any related websites, pages, forms, booking links, and tools we operate (the "Site"). If you use the Site on behalf of a business, you confirm you have authority to bind that business, and "you" means that business.
Our Privacy Policy and our Disclaimer are part of these Terms. Any supplemental terms posted on the Site are also incorporated by reference.
We make no representation that the Site is appropriate or available outside Canada. If you access it from elsewhere, you are responsible for complying with your local laws.
Who Can Use the Site
You must be at least 18 years old, or the age of majority where you live if that is higher. The Site and our services are built for business owners and decision-makers, not consumers. By using the Site you confirm you meet these requirements.
Acceptance and Changes
You accept these Terms by using the Site, submitting a form, booking a call, or buying anything from us. If you don't agree, don't use the Site.
We may update these Terms at any time. The current version is always posted here with its version date, and changes take effect when posted. For material changes we will flag the update on the Site or by email where we have your address. Continued use after a change means you accept it.
Our Services and Client Agreements
The Site describes our performance marketing services (paid advertising management, lead generation, funnel and offer strategy, consulting, and training) and lets you request information, book a call, or apply to work with us.
Paid services are governed by a separate written agreement, proposal, or order form signed or accepted by you (a "Client Agreement"). If these Terms conflict with a Client Agreement, the Client Agreement governs that engagement. Nothing on the Site is an offer to provide services until we accept you as a client in writing.
We may change, suspend, or discontinue any part of the Site at any time without notice.
Information You Give Us
When you submit a form, book a call, or create an account, you confirm the information is accurate and yours to share, and you agree to keep it current. Do not submit someone else's contact details without their permission.
If we give you login credentials (for example, for a client portal or reporting dashboard), keep them confidential. You are responsible for all activity under your account. Tell us right away if you suspect unauthorized use.
How we collect, use, and store personal information is described in our Privacy Policy, which follows the Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta's Personal Information Protection Act (PIPA).
Prohibited Activities
You agree not to:
- Use the Site for any unlawful purpose or in a way that breaks any law or regulation.
- Impersonate any person or business, or misrepresent your relationship with anyone.
- Submit false, misleading, or fraudulent information.
- Scrape, crawl, or use bots or other automated tools to access the Site or collect data from it without our written permission.
- Harvest contact details from the Site for unsolicited marketing.
- Copy, resell, or commercially exploit any part of the Site or its content.
- Reverse engineer, interfere with, or attempt to gain unauthorized access to the Site, its servers, or connected systems.
- Upload malware or anything designed to disrupt the Site.
- Remove any copyright, trademark, or proprietary notice.
- Harass, threaten, or abuse our team or other users.
- Use our content, systems, or methods to compete with us or to provide services to third parties as a service bureau.
Intellectual Property
Everything on the Site (text, copy, frameworks, videos, images, graphics, design, code, training materials, trademarks, and logos) is owned by or licensed to us and protected by Canadian and international copyright and trademark law.
You may view, download, and print Site content for your own internal evaluation of our services. You may not copy, republish, distribute, modify, sell, or create derivative works from it without our written permission. Our name, logos, and program names may not be used without written permission.
Third-party marks that appear on the Site, including Facebook and Instagram, belong to their owners. See our Disclaimer.
Feedback, Testimonials, and Submissions
Any ideas, feedback, or suggestions you send us are non-confidential. We may use them for any purpose without paying or crediting you.
If you give us a testimonial, review, case study data, or a recorded call, you grant us a perpetual, worldwide, royalty-free licence to use, edit for length or clarity, and display it, with your name, business name, and likeness, in our marketing across any media. You confirm it is truthful and reflects your real experience.
You can ask us to stop using it by emailing [email protected]. We will remove it from materials we control within a reasonable time, but we cannot recall copies already distributed.
Third-Party Links and Tools
The Site links to and uses third-party services (scheduling tools, video hosting, payment processors, ad platforms, CRMs). We do not control them and are not responsible for their content, availability, privacy practices, or terms. Your use of any third-party service is between you and that provider. A link is not an endorsement.
No Guarantee of Results and Disclaimers
Marketing results are not guaranteed. We do not promise any particular number of leads, appointments, sales, cost per lead, return on ad spend, or revenue. Results depend on factors outside our control, including your offer, pricing, market, sales process, follow-up, and ad budget, and on ad platform policies and algorithms that change without notice. Any figures on the Site are past results for specific clients or illustrative estimates. Read our full Disclaimer.
The Site and its content are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Nothing on the Site is legal, financial, tax, or accounting advice.
Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, we and our owners, employees, and contractors are not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, lost data, or wasted ad spend arising from your use of the Site or our services, even if we were told such damages were possible.
Our total liability to you for any claim relating to the Site or these Terms is limited to the fees you paid us in the three months before the claim arose, or $100 CAD if you paid nothing. Liability under a Client Agreement is governed by that agreement.
Indemnity
You agree to defend, indemnify, and hold harmless the Company and its owners, employees, and contractors from any claims, losses, damages, and expenses (including reasonable legal fees) arising from your use of the Site, anything you submit to us, your breach of these Terms, or your violation of any law or third-party right. We may take over the defence of any matter you are required to indemnify, at your expense, and you agree to cooperate.
Email, Text, and Phone Communications
When you submit a form, book a call, or give us your contact details, you consent to us contacting you by email, phone, and text message about your enquiry and about our services, in compliance with Canada's Anti-Spam Legislation (CASL) and, for US recipients, the Telephone Consumer Protection Act (TCPA). Message frequency varies. Standard message and data rates may apply.
You can withdraw consent at any time: reply STOP to any text, click unsubscribe in any email, or email [email protected]. Reply HELP to any text for assistance. Mobile carriers are not liable for delayed or undelivered messages. We may still send transactional messages about an active engagement.
Termination and Site Management
We may monitor the Site, restrict or remove content, and suspend or block your access at any time, without notice, if we believe you have breached these Terms or the law, or to protect the Site and our systems. We may also pursue legal remedies.
These Terms apply for as long as you use the Site. The sections on intellectual property, disclaimers, limitation of liability, indemnity, and governing law survive termination. Termination or cancellation of a Client Agreement is governed by that agreement.
Governing Law and Disputes
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict-of-law rules.
Before starting any legal action, you agree to contact us at [email protected] describing the dispute and to negotiate in good faith for 30 days. If we cannot resolve it, the dispute will be heard exclusively by the courts of Alberta sitting in Edmonton, and you agree to that jurisdiction. Either party may seek an injunction or other urgent relief in any court to protect intellectual property or confidential information.
Nothing in these Terms limits any rights you have under applicable consumer protection law that cannot be waived.
General
These Terms, together with our Privacy Policy, Disclaimer, and any Client Agreement, are the entire agreement between you and us about the Site. If any part is found unenforceable, the rest stays in effect. Our failure to enforce any part is not a waiver. Section headings are for convenience only.
You may not assign these Terms without our written consent. We may assign them to an affiliate or successor. Nothing here creates a partnership, joint venture, employment, or agency relationship.
You agree that submitting forms, clicking to accept, and other electronic actions are valid signatures and agreements under Alberta's Electronic Transactions Act, and that we may deliver notices and records electronically to the email you provided. Notices to us go to the address below and take effect one business day after receipt. These Terms are written in English; any translation is for convenience only.