Effective Date: October 23, 2026
These Terms and Conditions (“Terms”) govern your access to and use of https://www.lockherndigital.com and any other website or online service operated by Lockhern Inc. d/b/a Lockhern Digital (“Lockhern Digital,” “we,” “us,” or “our”) that links to these Terms (collectively, the “Site”).
Agreement to these Terms. By accessing or using the Site, you agree to these Terms. When you submit our Contact Us form, you will be asked to check a box confirming that you agree to these Terms and acknowledge our Privacy Policy. Checking that box and submitting the form constitutes your agreement to these Terms and your acknowledgment of our Privacy Policy. If you do not agree, do not use the Site or submit the form.
Please note that Section 24 contains a waiver of class and representative actions.
1. About Lockhern Digital
Lockhern Digital is a digital marketing agency. Our services may include paid search and paid social advertising, search engine optimization, AI search optimization, website and landing-page development, email marketing, Google Business Profile optimization, connected television advertising, analytics, reporting, strategy, and related services. Information on the Site about our services is for general informational and marketing purposes.
2. Separate Client Agreements
These Terms govern use of the Site only. If you hire Lockhern Digital, our services will be governed by a separate written agreement, such as a proposal, statement of work, master services agreement, insertion order, or data processing agreement. If these Terms conflict with a signed services agreement, the signed agreement controls as to those services. Nothing on the Site, and no submission of the contact form, by itself creates a client, agency, fiduciary, partnership, joint venture, or other professional relationship.
3. Eligibility and Permitted Use
You may use the Site only for lawful purposes and in accordance with these Terms. You represent that you have the legal capacity to agree to these Terms. If you use the Site on behalf of an organization, you represent that you are authorized to act for that organization.
4. Intellectual Property
The Site and its content, features, and functionality, including text, articles, case studies, reports, data visualizations, graphics, logos, branding, photographs, videos, designs, site architecture, software, code, tools, methodologies, and downloadable materials, are owned by Lockhern Digital, its licensors, or other rights holders and are protected by copyright, trademark, trade secret, and other intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for legitimate personal or business informational purposes. No ownership interest in any Site content is transferred to you unless we expressly agree in writing.
5. Restrictions on Use
Except where applicable law does not allow us to restrict it, you may not:
- Copy, reproduce, republish, distribute, sell, license, or commercially exploit Site content without our permission
- Modify or create derivative works from Site content, or remove copyright, trademark, or other proprietary notices
- Reverse engineer, decompile, or disassemble any part of the Site
- Try to gain unauthorized access to the Site or connected systems, or circumvent access controls
- Interfere with the operation or security of the Site, or introduce malware or other harmful code
- Impersonate any person or entity, or use the Site for fraudulent or unlawful purposes
- Use automated means in a way that materially burdens or disrupts the Site
6. Automated Access, Scraping, and AI Training
Unless we authorize it in writing or applicable law permits it, you may not use robots, spiders, scrapers, crawlers, automated agents, bulk-download tools, or similar technologies to systematically scrape Site content, harvest data, extract proprietary information, republish content, build competing datasets or services, circumvent access controls, or degrade Site performance.
Except where this restriction is unenforceable under applicable law, you may not use proprietary Lockhern Digital content obtained from the Site to train, fine-tune, ground, benchmark, or develop a commercial artificial intelligence or machine-learning model without our written permission.
This section does not prohibit ordinary indexing by search engines or other access we allow through our technical controls or in writing.
7. Lockhern Digital Trademarks
“Lockhern Digital,” our logos, slogans, trade dress, and related marks are trademarks or service marks of Lockhern Digital or its licensors. You may not use them in any way that suggests our sponsorship, endorsement, affiliation, or approval.
8. Your Submissions
If you send us information, feedback, questions, or other materials through the Site, you represent that you have the right to provide them, that doing so does not violate anyone else’s rights, and that the material is not knowingly unlawful, fraudulent, or malicious. Personal information you submit is handled under our Privacy Policy. Nothing in this section gives Lockhern Digital ownership of confidential client materials governed by a separate written agreement.
9. No Guarantee of Marketing Results
Marketing performance depends on many factors outside our control, including consumer demand, competition, advertising-platform policies, search-engine algorithms, AI-platform behavior, website performance, pricing, market conditions, seasonality, client budgets, creative performance, client implementation decisions, and third-party platform changes.
Unless a separate written agreement expressly says otherwise, nothing on the Site is a guarantee of rankings, traffic, leads, revenue, return on ad spend, return on investment, AI citations or visibility, ad placement, conversion rates, business growth, or any other specific result. Past performance does not guarantee future results.
10. Case Studies and Performance Information
The Site may include case studies, statistics, testimonials, or descriptions of results achieved for particular clients. Those results reflect specific circumstances and are not a promise that any other business will achieve the same or similar results. Performance data may be rounded, aggregated, anonymized, or presented for illustration.
11. Third-Party Platforms and Trademarks
Lockhern Digital is an independent business. Unless expressly stated otherwise, references to Google, Microsoft, Meta, Facebook, Instagram, OpenAI, ChatGPT, Perplexity, Gemini, Yelp, or any other third-party product or service do not imply ownership, sponsorship, endorsement, or affiliation. Third-party names and marks belong to their owners.
Third-party platforms set their own terms, policies, advertising requirements, algorithms, ranking systems, data practices, and availability. We do not control those systems and are not responsible for changes they make.
12. Artificial Intelligence and Automated Technologies
We may use artificial intelligence, machine learning, automation, and similar technologies in our business, research, internal workflows, and delivery of certain services. AI-generated or AI-assisted material may contain inaccuracies or omissions and may require human review. Nothing on the Site is a representation that any AI platform will display, cite, recommend, rank, or surface any particular company, website, product, or content. Any specific obligations about the use of AI in a client engagement will be addressed in the applicable client agreement.
13. Third-Party Links
The Site may link to websites, services, or resources run by others. These links are provided for convenience. We do not control third-party sites and are not responsible for their content, accuracy, availability, security, products, services, terms, or privacy practices. Your use of them is at your own risk and subject to their terms.
14. Communications
If you submit your contact information and ask us to contact you, we may use it to respond to your request. If you separately agree to receive promotional emails from us, we may send them in accordance with your consent and applicable law. Agreeing to receive marketing communications is not a condition of purchasing our services. You can unsubscribe from promotional emails at any time using the link in the email.
15. Privacy
Information collected through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.
16. Site Availability and Changes
We may modify, suspend, restrict, or discontinue all or part of the Site at any time, and we may update Site content without notice. We do not guarantee that the Site will always be available, uninterrupted, error-free, or compatible with every device or browser.
17. Accuracy of Information
We try to provide useful and accurate information, but we do not warrant that Site content is complete, current, accurate, or error-free. Marketing technologies, platform features, advertising rules, search-engine algorithms, AI systems, and industry practices change frequently, so Site content is not a substitute for advice tailored to your business.
18. No Professional Advice
Site content is for general informational purposes. Unless we expressly agree otherwise in writing, it is not legal, tax, accounting, investment, cybersecurity, or regulatory advice. Please consult an appropriate professional for advice on those matters.
19. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOCKHERN DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND SECURITY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Nothing in these Terms excludes any warranty that cannot lawfully be excluded.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LOCKHERN DIGITAL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSS, ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, YOUR RELIANCE ON SITE CONTENT, OR ANY THIRD-PARTY WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE A LIMITATION OF LIABILITY CANNOT LAWFULLY APPLY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Lockhern Digital and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from all claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to (a) your unlawful use of the Site, (b) your material violation of these Terms, or (c) your infringement or violation of anyone else’s rights through your use of the Site.
22. Governing Law
These Terms and any dispute arising from or relating to them or the Site are governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles, except where federal law controls.
23. Venue and Jurisdiction
Unless applicable law requires otherwise, any legal proceeding arising from or relating to these Terms or the Site must be brought in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.
24. Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LOCKHERN DIGITAL AGREE THAT ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Nothing in this section limits any right that cannot lawfully be waived.
25. No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or any other right.
26. Severability
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted or severed as necessary, and the rest of these Terms will remain in effect.
27. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.
28. Entire Agreement
These Terms and our Privacy Policy are the entire agreement between you and Lockhern Digital about use of the Site, except where another written agreement expressly applies.
29. Changes to These Terms
We may update these Terms from time to time, for example to reflect changes in the law, the Site, our business, or technology. We will post the updated Terms on the Site and change the Effective Date above. Your continued use of the Site after the updated Terms take effect constitutes your acceptance of them, to the extent permitted by law.
30. Contact Us
Questions about these Terms may be directed to:
Lockhern Inc. d/b/a Lockhern Digital
10 Woodland Ave, Caldwell, NJ 07006
Email: privacy@lockherndigital.com
Website: https://www.lockherndigital.com