Terms of Service

Welcome to Andale Advertising. These Terms of Service ("Terms") govern your access to and use of our website located at andaleadvertisingaz.com (the "Website") and any related services provided by Andale Advertising ("we," "us," or "our").

By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website.

1. Overview

Andale Advertising is a boutique advertising agency specializing in web design, branding, online and traditional advertising, Generative Engine Optimization (GEO), and AI Overviews auditing. These Terms apply to all visitors, users, and clients who access or use our Website or services.

2. Eligibility

To access or use our Website, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable law

By using our Website, you represent and warrant that you meet these requirements.

3. Website Content

All content on this Website, including but not limited to text, graphics, logos, images, videos, audio clips, and software, is the property of Andale Advertising or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may access and view the content on this Website for your personal, non-commercial use only. You may not:

• Reproduce, distribute, or modify any content without our express written permission
• Use any content for commercial purposes without a license
• Remove any copyright, trademark, or other proprietary notices
• Frame or mirror any content without prior written authorization

4. User Conduct

When using our Website, you agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or data
• Interfere with or disrupt the Website or servers hosting the Website
• Transmit malware, viruses, or any harmful code
• Collect information about other users without their consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Website to send spam or unsolicited communications

5. Services and Client Engagements

Our advertising, web design, GEO, and other services are provided pursuant to separate written agreements or statements of work. In the event of any conflict between these Terms and a separate services agreement, the terms of the services agreement shall control.

Key terms governing our services typically include:

• Scope of Work: Specific deliverables and services to be provided
• Timeline: Project schedules and milestones
• Compensation: Fees, payment terms, and expenses
• Client Responsibilities: Information, materials, and approvals to be provided by client
• Intellectual Property: Ownership and licensing of work product
• Revisions: Number of revision rounds included
• Termination: Conditions under which either party may terminate

6. Intellectual Property Rights

Our Property: All intellectual property rights in and to our pre-existing materials, methodologies, tools, and know-how remain our exclusive property.

Client Work: Upon full payment of all fees, clients typically receive ownership of final deliverables as specified in the applicable services agreement. We retain the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.

Third-Party Materials: Some projects may incorporate third-party materials (e.g., stock images, fonts, software). These are subject to their respective licenses, and clients are responsible for compliance with those terms.

7. Disclaimer of Warranties

THE WEBSITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Website will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Website or server is free of viruses or harmful components
• Results from using our services will meet your expectations
• Any content or information you provide will remain confidential unless covered by a separate agreement

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANDALE ADVERTISING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or inability to recover data
• Business interruption or computer failure
• Substitute services or goods

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Andale Advertising and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your negligence or willful misconduct.

10. Termination

We reserve the right to suspend or terminate your access to our Website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Sections regarding Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution shall survive termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall first be addressed through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it may be submitted to binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association.

NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY INFORMATION.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date.

Your continued use of the Website after any changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue using the Website.

13. Miscellaneous

Entire Agreement: These Terms, together with any applicable services agreements, constitute the entire agreement between you and Andale Advertising regarding the subject matter.

Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of those rights.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, or government actions.

14. Contact Information

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