Terms of Service

Last updated:

These Terms of Service (“Terms”) govern your use of the website, services, and marketing programs offered by Only Option Today (“we,” “us,” “our,” or “OOT”). By accessing our site or engaging our services, you agree to these Terms.

1. Our services

Only Option Today provides marketing and advertising services — including email marketing, display, programmatic, connected TV (CTV), search and retargeting, audience and data services, match-back reporting, white-label reporting, and AI-related services. Specific scope, deliverables, and pricing for any engagement are set out in the applicable statement of work, order, or campaign agreement.

2. Your responsibilities & authorizations

3. Campaigns, deliverability & no guarantee of results

Marketing outcomes depend on many factors outside our control — audience, offer, market conditions, and the policies of email providers, ad platforms, and search/AI engines. While we apply professional care and best practices, we do not guarantee specific delivery, open/click, ranking, lead, or sales results. Email deliverability in particular depends on sender reputation and recipient-provider decisions that we influence but do not fully control.

4. Data & privacy

Our handling of information is described in our Privacy Policy, incorporated into these Terms by reference. You agree to comply with applicable privacy and marketing laws (including CAN-SPAM and relevant state privacy laws) for any data you provide or direct us to use.

5. Fees, billing & payment

Fees and payment terms are as agreed in your statement of work or order. Unless otherwise stated, invoices are due per their stated terms; late payments may pause services. Media, platform, and third-party costs passed through are billed at cost plus any agreed management fee.

6. Intellectual property

You retain ownership of your brand, data, and materials you provide. We retain ownership of our platforms, methodologies, reporting tools, and pre-existing intellectual property. Upon full payment, final creative and deliverables produced specifically for you are licensed for your use in the applicable campaign.

7. Confidentiality

Each party will keep the other’s non-public, confidential information confidential and use it only to provide or receive the services, subject to applicable law and lawful disclosure requirements.

8. Third-party platforms

Our services may depend on third-party platforms (ad networks, email providers, analytics, AI services) whose terms, availability, and policies are outside our control. We are not liable for disruptions, changes, or actions by such third parties.

9. Disclaimers & limitation of liability

Services are provided “as is” without warranties of any kind, express or implied. To the maximum extent permitted by law, our aggregate liability for any claim arising from the services is limited to the fees you paid us for the service giving rise to the claim in the preceding three (3) months, and in no event for indirect, incidental, special, or consequential damages.

10. Indemnification

You agree to indemnify and hold us harmless from claims arising from your materials, data, authorizations, offers, or misuse of the services, or from a breach of these Terms.

11. Term & termination

Either party may terminate an engagement per its stated terms. Upon termination, you pay for services rendered and approved costs incurred through the termination date. Sections that by nature should survive (e.g., intellectual property, confidentiality, liability) remain in effect.

12. Changes to these Terms

We may update these Terms from time to time; the “Last updated” date above reflects the current version. Continued use of our site or services after changes constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any disputes will be resolved in the courts located in or nearest to Hendersonville, Tennessee.

Contact

Questions about these Terms? Email hello [at] onlyoptiontoday.com or write to us at 1007 Lavern Cir, Hendersonville, TN 37075.


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