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Terms

Terms of use.

For the website only. Last updated 8/1/2026.

Last updated: 8/1/2026

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at ernstmedia.com and any related subdomains, pages, or content (collectively, the "Site"), operated by Ernst Media ("Ernst Media," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site. These Terms cover your use of the Site only. They do not govern any client engagement with Ernst Media. See Section 7.

2. Changes to These Terms

We may revise these Terms at any time. Revised Terms take effect when posted to the Site, and the "Last updated" date above will be changed accordingly. Your continued use of the Site after we post changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

3. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Site. By using the Site, you represent and warrant that you meet these requirements. If you use the Site on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

4. Permitted Use

You may use the Site for lawful purposes only, and for your own personal or internal business use. You agree not to:
  • Use the Site in any way that violates applicable federal, state, local, or international law or regulation
  • Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks
  • Use any robot, spider, scraper, or other automated means to access the Site or collect data from it without our prior written permission
  • Introduce any virus, malware, or other malicious code to the Site
  • Interfere with, disrupt, or place an unreasonable load on the Site or its infrastructure
  • Reverse engineer, decompile, or attempt to derive the source code of any portion of the Site
  • Use the Site to transmit unsolicited advertising, spam, or promotional material
  • Impersonate Ernst Media, our employees, or any other person or entity
  • Use the Site to collect or harvest personal information about other users
  • Frame, mirror, or otherwise incorporate any part of the Site into another website without our written permission
We reserve the right to restrict or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms.

5. Intellectual Property

5.1 Our Content

The Site and all of its contents — including but not limited to text, graphics, logos, images, video, audio, layout, design, software, and the selection and arrangement thereof — are owned by Ernst Media or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. "Ernst Media" and our logos are trademarks or service marks of Ernst Media. You may not use them without our prior written permission.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal or internal business purposes. This license does not include any right to reproduce, distribute, modify, publicly display, publicly perform, republish, sell, license, or create derivative works from any part of the Site, except as expressly permitted by these Terms or with our written consent.

5.3 Client Work and Case Studies

Any client names, logos, campaign materials, screenshots, or performance data displayed on the Site are the property of their respective owners and are used with permission or under fair use for illustrative purposes. Nothing on the Site grants you any right to use those materials.

6. Submissions and User Content

If you submit any content to us through the Site — including contact form entries, comments, requests for proposals, testimonials, or unsolicited ideas or feedback ("Submissions") — you grant Ernst Media a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, and display that content in connection with operating and promoting our business. You represent and warrant that you own or otherwise control all rights to your Submissions and that they do not infringe the rights of any third party or violate any law. We are not obligated to keep any Submission confidential, to pay compensation for any Submission, or to respond to any Submission. Please do not send us confidential information through the Site. Confidential information should be shared only under a separate signed agreement.

7. Scope: Site Use Only

These Terms apply to your use of the Site. They are not a services agreement and do not create any client, advisory, or contractual relationship between you and Ernst Media. The Site is informational. Descriptions of our digital marketing, advertising, analytics, and related services are provided for general information only and do not constitute an offer to provide services. Submitting a contact form, requesting a proposal, or otherwise communicating with us through the Site does not create a client relationship. Client terms and conditions are set out in our contract documents — including our master services agreement, statements of work, proposals, and any other agreement signed by both parties. Those documents, not these Terms, govern all aspects of a client engagement, including scope of work, fees, deliverables, confidentiality, data handling, ownership of work product, warranties, liability, and termination. If you are an Ernst Media client and have a question about the terms of your engagement, refer to your signed agreement or contact your account lead. If any conflict arises between these Terms and a signed client agreement, the signed client agreement controls.

8. Informational Content and Results Shown on the Site

Content on the Site — including articles, guides, benchmarks, case studies, testimonials, and performance figures — is provided for general informational purposes. It is not professional, legal, financial, or business advice, and you should not act on it without independent evaluation of your own circumstances. Any results shown on the Site reflect outcomes for specific clients under specific circumstances. Digital marketing outcomes depend on many factors outside anyone's control, including market conditions, competition, third-party platform policies and algorithms, budget, and the products or services being advertised. Results shown are illustrative only and are not a promise, guarantee, or prediction of results anyone else will achieve.

9. Third-Party Platforms, Links, and Content

The Site may contain links to or references to third-party websites, tools, platforms, or resources. These links and references are provided for convenience only. Ernst Media does not control and is not responsible for the content, policies, availability, pricing, terms, or practices of any third party. We do not endorse any third-party site or service by linking to it. Your use of any third-party site or platform is subject to that party's own terms and policies, and any dispute you have with a third party is between you and that party.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, available at [LINK TO PRIVACY POLICY], which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and disclose information about you.

11. Electronic Communications

By using the Site or providing your contact information to us, you consent to receive communications from us electronically, including by email. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. If you opt in to receive marketing emails or text messages, you may withdraw consent at any time by following the unsubscribe instructions in the message or by contacting us using the information in Section 19. Message and data rates may apply to text messages.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ERNST MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Site is free of viruses or other harmful components; or that any information on the Site is accurate, complete, current, or reliable. You use the Site at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ERNST MEDIA OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Ernst Media and its owners, officers, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Site, your Submissions, or your violation of any law or the rights of a third party.

15. Copyright Complaints

If you believe content on the Site infringes your copyright, please send a notice to [DMCA CONTACT EMAIL] that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material you claim is infringing and its location on the Site; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

16. Termination

We may suspend or terminate your access to the Site at any time, without notice, for any reason. Sections 5, 6, and 12 through 18 survive any termination.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Washington, without regard to its conflict-of-law principles. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in [COUNTY] County, Washington, and you consent to the personal jurisdiction of those courts and waive any objection to venue.

18. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ernst Media regarding the Site and supersede all prior understandings on that subject. Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility outages, or actions of third-party platforms or service providers. Headings. Section headings are for convenience only and have no legal effect.

19. Contact Us

Questions about these Terms — or about your use of the Site generally — may be sent directly to Ernst Media. Contact details on the Contact Us page.