Marketing Smart Inc.
Website Terms & Client Service Conditions

Effective October 14, 2026.

1. Who We Are and How These Terms Apply

Marketing Smart Inc. is an Oklahoma company providing marketing strategy, business development, website design, hosting and maintenance, digital advertising, analytics, creative and print services, media production, and event support. Our website is MarketMeSmart.com.

These website terms describe permitted use of our site. Client service conditions apply only when incorporated into a proposal, service agreement, or order that the client affirmatively accepts. Browsing our site or requesting a quote does not create a paid engagement or authorize charges.

If documents conflict, an accepted project agreement controls over these general conditions. These terms do not retroactively change existing contracts. Our Privacy Policy separately explains our personal-information practices.

2. Website Use and Quote Requests

You may use our website for lawful business inquiries. Do not misuse forms, submit malicious code, attempt unauthorized access, copy protected materials without permission, or interfere with the site.

Anyone accepting a business agreement must be at least 18 and authorized to act for the client. A quote request is an inquiry, not a guarantee of pricing, availability, or acceptance. Quotes remain valid for the period stated in the proposal. We limit new account builds to five at a time; scheduling depends on capacity and project readiness.

3. Scope, Pricing and Changes

The accepted proposal identifies deliverables, fees, payment schedule, included revisions, responsibilities, and any recurring services. Hosting, maintenance, website edits, advertising management, ad spend, subscriptions, printing, and production are separate charges unless expressly included.

Additional pages, integrations, features, revisions, meetings, rush work, and changes to an approved direction require a written change approval describing the additional cost and schedule. We will not perform billable work outside the approved scope without authorization.

Published packages are general descriptions. The accepted proposal establishes the client’s actual services and price. No automatic renewal or price increase applies unless disclosed and agreed to in the applicable service agreement.

4. Client Materials, Access and Approvals

Clients must provide accurate content, images, credentials, business details, and timely decisions. Clients confirm they have permission to use supplied logos, photographs, videos, music, testimonials, contact lists, and other materials.

Clients are responsible for providing evidence supporting their business claims and obtaining any required industry, legal, or regulatory approval. We remain responsible for our own conduct and may refuse misleading, unlawful, or infringing content.

Clients must review names, contact details, claims, prices, dates, links, disclaimers, and proofs before approving publication or production. Written approval by email or the agreed project system authorizes release of the identified version. Silence alone is not approval. Client changes after approval may require a new quote.

If we publish something that differs from the approved version because of our error, we will correct it without an additional service fee. Print or production remedies will be addressed according to the circumstances and applicable law.

5. Scheduling and Project Pauses

Schedules begin after the required payment, content, access, and approvals are received. Dates are estimates unless the agreement expressly guarantees a deadline.

Client delays, scope changes, platform reviews, vendor delays, or circumstances outside our reasonable control may affect completion. We will communicate material changes.

If required client input is outstanding for 30 days, we may pause the project after written notice and reschedule it according to availability. A pause does not automatically forfeit unused prepaid funds. Any restart fee must be disclosed and approved.

6. Payments and Advertising Budgets

Payment is due according to the accepted proposal or invoice. Projects and recurring services generally require advance payment unless otherwise agreed. Payment methods and any permitted processing charges will be disclosed before payment.

Advertising budgets are separate from agency fees. Unless agreed otherwise, ad spend is billed directly by the advertising platform to the client’s account. We will not increase an approved budget without authorization. Platform charges, approved vendor commitments, and completed work remain payable even if the client later cancels.

Clients should promptly report billing concerns so we can investigate. Reporting a dispute does not waive lawful payment-dispute rights. Undisputed amounts remain due.

For overdue undisputed balances, we may pause affected work or services after written notice and at least 10 calendar days to resolve the balance. Immediate action may be necessary for a security threat, unlawful activity, or third-party service cutoff. Any late charges or collection costs must be allowed by law and expressly agreed in advance.

7. Cancellation and Refunds

Either party may end a project or service under the notice requirements in its agreement. If no notice period is specified, recurring services may be canceled with 30 days’ written notice.

On cancellation, clients pay for completed work, work in progress reasonably performed within the approved scope, and authorized noncancelable vendor costs. We will provide a reconciliation. Unearned prepaid service fees will be refunded after legitimate amounts due are deducted. Work credits may be offered by mutual agreement.

Deposits apply toward the project price. Any separately earned reservation or planning fee must be identified in the accepted agreement. There is no blanket forfeiture of all payments, and nothing here removes mandatory consumer rights.

8. Ownership, Licensing and Transfers

Clients retain ownership of materials they provide and of client-owned domains and accounts. Wherever practical, domains and advertising accounts should be registered in the client’s name, with access delegated to us.

After full payment, clients receive the final custom deliverables and ownership rights expressly identified in their signed project agreement. Copyright assignments must be documented in a signed writing; commissioned work is not automatically work made for hire.

We retain our preexisting tools, reusable code, templates, methods, and internal working materials. Any retained components embedded in final deliverables are licensed for the client’s agreed use. Third-party fonts, photographs, music, plugins, themes, and software remain subject to their licenses and may require separate subscriptions. Editable source files, raw footage, unused concepts, and development files are included only when specified.

Transfer assistance is available under the project agreement. A fee may apply for actual migration work if quoted and approved. We will not hold a client-owned domain or unrelated account hostage to a payment dispute. Paid final deliverables and client-owned account access will be handled separately from disputed fees and unfinished work.

We may show publicly released work in our portfolio only with client permission or an express portfolio provision in the accepted agreement. Confidential information will not be published without permission.

9. Hosting, Maintenance and Security

Hosting, backups, updates, security monitoring, restoration, support hours, and response times are included only as stated in the service agreement. Hosting alone does not include unlimited edits or guarantee that all plugins and third-party tools will remain compatible.

We use reasonable safeguards for the services we agree to provide, but no system is completely secure or continuously available. We do not promise immunity from hacking, data loss, downtime, or vendor outages. Clients must protect credentials, use multifactor authentication where available, and promptly report suspected compromise.

Client or third-party changes may require additional repair work, subject to approval. We will communicate discovered incidents as required by law and the applicable agreement.

Before routine hosting termination, we will provide notice and a reasonable opportunity to export available site content. Any backup retention period must be stated in the hosting agreement. Restoration and migration depend on available files and the agreed scope.

10. Advertising, Analytics and Results

We provide professional marketing services, but do not guarantee revenue, rankings, leads, sales, event attendance, platform approval, or a specific return on investment.

Results depend on factors including budget, competition, market conditions, client follow-up, website performance, and platform rules. Reporting may contain estimates or attribution gaps caused by consent settings, tracking restrictions, and third-party data.

Platforms may reject ads, restrict accounts, change features, or interrupt service. We will make reasonable efforts within our scope to address these issues. Clients must approve claims and required disclosures; testimonials and endorsements must be truthful and disclose material relationships when required.

11. Third-Party Services and AI-Assisted Work

Hosting providers, advertising networks, printers, payment processors, and software vendors have their own terms, charges, and operating practices. We are responsible for our agreed services and our own conduct, but do not control independent vendors.

We may use professional software, automation, and AI-assisted tools in producing work, with human review appropriate to the task. We will not submit confidential client information to external AI systems without authorization or appropriate contractual protections. Exclusive rights to third-party or AI-generated material cannot be promised beyond the rights actually available.

America Car Shows, Inc., operating through AmericaCarShows.com and DBA OklahomaCarShows.com, is a separate entity. Its event software, registration, judging, and payment services are governed by its own accepted agreements and applicable terms. A Marketing Smart engagement does not automatically include those services.

12. Confidentiality and Personal Information

Each party will protect the other’s nonpublic business information, use it only for the engagement, and limit disclosure to personnel or providers who need it and are subject to appropriate confidentiality obligations. Exceptions include public information, information independently developed or lawfully obtained, and disclosures legally required.

Clients must have a lawful basis for providing personal information and using marketing lists. Sensitive information should not be submitted through general inquiry forms. Services requiring processing of regulated or sensitive data require an appropriate written agreement and safeguards.

13. Warranties and Liability

Public website information is provided as available without a promise that it is complete, current, or error-free. We will perform contracted professional services with reasonable care and skill. Other warranties are excluded only to the extent permitted by law.

For client services, to the extent permitted by law and unless the signed agreement states otherwise, each party’s aggregate liability for claims arising from an engagement is limited to the agency service fees paid or payable for the affected project or recurring service during the 12 months before the event giving rise to the claim. Advertising budgets and pass-through vendor charges are excluded from this calculation.

To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, including lost profits. These restrictions do not excuse payment obligations, fraud, willful misconduct, gross negligence, or liabilities that cannot legally be limited. They do not restrict mandatory consumer remedies.

14. Third-Party Claims

Subject to applicable law, clients will cover third-party claims and reasonable costs caused by their supplied infringing materials, unauthorized lists, or unlawful instructions, to the extent attributable to the client. This obligation does not cover claims caused by our own wrongful conduct.

We will promptly notify the client of a covered claim and reasonably cooperate. No settlement may admit fault by, or impose nonmonetary obligations on, the other party without its consent. Any additional or reciprocal indemnity provisions should be stated in the signed agreement.

15. Disputes, Oklahoma Law and General Terms

The parties will first attempt to resolve a dispute through written notice and good-faith discussion for 30 days. This does not prevent urgent court relief or compliance with filing deadlines.

Oklahoma law governs, excluding conflict-of-law rules, subject to mandatory laws that protect eligible consumers. Unless another enforceable agreement or mandatory law requires otherwise, disputes will be brought in a court with jurisdiction in Tulsa County, Oklahoma. No mandatory arbitration is created by these terms.

Events beyond reasonable control may excuse delayed performance while the disruption continues, but not payment for work already performed. The parties will communicate and consider reasonable alternatives.

If a provision is unenforceable, the remaining provisions continue to apply. Failure to enforce a provision is not a waiver. Changes to these terms apply prospectively; material changes to an existing engagement require the agreement and notice required by its contract.

16. Contact

Marketing Smart Inc.
Tulsa, Oklahoma
Website: MarketMeSmart.com
Email: james@marketmesmart.com
Phone: 918-694-6565