Terms of Service
Effective Date: May 7, 2026 · Last Updated: May 7, 2026
These Terms of Service ("Terms") govern your access to and use of hkmgagency.com (the "Site") and the marketing services offered by HKMG ("we," "us," "our") — operated by Grayson R Goldstein-Kilroy d/b/a HKMG, located at 5420 Lindley Avenue, Encino, CA 91316. By accessing the Site or engaging our Services, you agree to these Terms.
1. Services
HKMG provides paid media management, creative production, and marketing strategy services for direct-to-consumer brands and local service businesses. Specific deliverables, timelines, and fees are defined in a separate written engagement agreement between HKMG and the Client.
These Terms apply to all visitors and applicants to the Site. The separate engagement agreement controls the parties' rights and obligations once Services are engaged.
2. Eligibility
You must be at least 18 years old and have legal authority to enter into binding contracts on behalf of yourself and any business you represent. By using the Site or applying for Services, you represent that you meet these requirements.
3. Application and Engagement
Submission of an application through the Site does not create a contractual relationship. HKMG reserves the right to accept, decline, or qualify any applicant at our discretion. Engagement begins only upon execution of a separate written agreement and receipt of any required setup fee.
4. Fees and Payment
Fees for Services are set forth in the engagement agreement. Setup fees are due upon execution. Recurring fees are billed monthly in advance. Payment is processed via Stripe.
Failed payments may result in suspension or termination of Services. Reasonable late fees and collection costs may apply to delinquent accounts.
5. Refunds and Cancellation
Setup fees are non-refundable. Monthly fees are non-refundable for the current billing period but may be canceled by Client with written notice prior to the next billing cycle. Specific cancellation and refund terms are governed by the engagement agreement.
6. Communications
By submitting an application or engaging our Services, you consent to receive communications from HKMG via email, SMS, and phone. SMS communications are governed by our Privacy Policy at hkmgagency.com/privacy, and you may opt out at any time by replying STOP. Message and data rates may apply.
7. Intellectual Property
All Site content — including text, graphics, logos, video, audio, and software — is owned by or licensed to HKMG and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
Creative assets produced for Clients are governed by the engagement agreement, which typically grants Client a license for use within the agreed campaign scope.
8. Acceptable Use
You agree not to use the Site or Services for unlawful purposes; submit false, misleading, or fraudulent information; interfere with or disrupt the Site or its security features; reverse engineer or copy any portion of our proprietary systems; or use the Site to harass, abuse, or harm any other party.
9. Disclaimers
The Site and Services are provided "as is" without warranties of any kind, express or implied. HKMG does not guarantee any specific marketing outcome, return on ad spend, lead volume, or revenue. Marketing performance depends on numerous factors outside our control, including platform algorithm changes, Client product-market fit, and macroeconomic conditions.
10. Limitation of Liability
To the maximum extent permitted by law, HKMG's total liability arising out of or relating to these Terms or the Services shall not exceed the fees paid by Client to HKMG in the three (3) months preceding the claim. HKMG shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
11. Indemnification
You agree to indemnify and hold harmless HKMG, its owners, affiliates, employees, contractors, and agents from any claims, liabilities, damages, losses, or expenses arising out of: (a) your breach of these Terms, (b) your misuse of the Site or Services, or (c) any content, products, or services you provide to HKMG for use in marketing campaigns.
12. Termination
We may suspend or terminate your access to the Site or Services at any time for any reason, including breach of these Terms. Upon termination, your right to use the Site and Services ceases immediately. Sections that by their nature should survive termination — including IP, disclaimers, limitation of liability, indemnification, and governing law — will survive.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction in those courts.
14. Changes to These Terms
We may modify these Terms at any time. Material changes will be communicated via the Site or email. Your continued use of the Site or Services after changes are posted constitutes acceptance of the modified Terms.
15. Contact
For questions about these Terms:
HKMG · Grayson R Goldstein-Kilroy · 5420 Lindley Avenue, Encino, CA 91316 · Email: grayson@hkmgagency.com