Terms of Use

These Terms of Use (“Terms”) govern your use of this website, which is operated by MarkCo Consulting (“MarkCo,” “we,” “us” or “our”). By using the site, you agree to these Terms. If you don’t agree, please don’t use the site.

About this website

This site describes MarkCo’s marketing leadership and consulting services, publishes articles in our Insights section, and lets you contact us about a potential engagement. It is intended for use by businesses and business professionals.

No client relationship; separate agreements

Using this site, submitting the contact form, or emailing or speaking with us does not create a client or consulting relationship. That relationship exists only under a separate written agreement signed by both MarkCo and the client. Services, deliverables, fees and all other terms of an engagement are governed by that agreement, which controls over anything on this site. Descriptions of services on this site, including the Marketing Diagnostic and Fractional CMO offerings, are general summaries and not offers capable of acceptance.

Please don’t send us confidential or proprietary information through the site before an engagement agreement (or a separate confidentiality agreement) is in place. Information you send through the site is not treated as confidential except as described in our Privacy Policy.

Informational content only

Articles and other content on this site are general commentary for informational purposes only. They are not advice for your specific situation, and they are not legal, financial, accounting or tax advice. Marketing outcomes depend on many factors outside anyone’s control; any examples, experience or results described on the site do not guarantee similar results. You are responsible for your own decisions and should consult appropriate advisors before acting on anything you read here.

Professional experience and third-party names

Company and brand names shown on this site describe the professional experience of MarkCo’s founder. Unless expressly stated, they are not MarkCo clients, and their appearance does not imply that any of them sponsors, endorses or is affiliated with MarkCo. All trademarks are the property of their respective owners.

Our content

The site and its content — including text, articles, graphics, photographs, logos and design — are owned by MarkCo or its licensors and protected by copyright, trademark and other laws. You may view, print and share links to pages for your personal or internal business use, and you may quote brief excerpts with attribution and a link back to the source. Otherwise, you may not copy, reproduce, republish, modify, distribute or create derivative works from the content without our prior written permission.

Acceptable use

You agree not to:

• use the site in violation of any law or regulation, or to infringe anyone else’s rights;
• submit false, misleading, harassing, unlawful or spam content through the contact form or otherwise;
• attempt to gain unauthorized access to the site, its administrative areas, servers or related systems, or interfere with or disrupt the site’s operation or security;
• use automated means (such as bots, scrapers or crawlers) to access or collect content from the site, other than standard search engine indexing that respects our robots.txt file;
• use content from the site to train artificial intelligence or machine learning models without our prior written permission; or
• introduce viruses, malware or other harmful code.

Links to other websites

The site may link to or embed content from third-party websites and services, such as scheduling tools or video platforms. We don’t control and aren’t responsible for their content, policies or practices, and your use of them is subject to their own terms.

Disclaimer of warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ITS CONTENT IS COMPLETE OR CURRENT.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MARKCO AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain of these limitations, so they may not all apply to you. This section does not limit liability under any separate engagement agreement, which is governed by its own terms.

Indemnification

You agree to indemnify and hold harmless MarkCo and its owners, employees and contractors from any claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your misuse of the site.

Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the site will be brought exclusively in the state or federal courts located in Bergen County, New Jersey, and you consent to the personal jurisdiction of those courts.

Changes and availability

We may update these Terms from time to time by posting a revised version on this page and changing the “last updated” date. Your continued use of the site after that date means you accept the revised Terms. We may change, suspend or discontinue any part of the site at any time.

General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy, are the entire agreement between you and MarkCo regarding your use of the site, and do not affect any separate engagement agreement.

Contact us

For questions about these Terms, reach us through the contact page. You can also write to us at MarkCo Consulting, River Edge, New Jersey.