Terms & Conditions

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    Last updated: September 3rd, 2024

    Please read these Terms and Conditions (“Terms”) carefully before using Modernize My Site, LLC’s (“us”, “we”, “our”, or “Company”) website and services.

    1. Acceptance of Terms

    By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our website or use our services.

    2. Services

    We provide web design, web development, and website maintenance related services. The specific scope, deliverables, and timeline for each project will be outlined in a separate written agreement or contract. In the event of any conflict between these Terms and Agreement or Contract, the Agreement or Contract shall prevail.

    3. User Accounts

    When you create a QuickBooks Online account with us for automatic payment setup via email, you must provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. Failure to comply with these requirements constitutes a breach of the Terms, which may result in immediate termination of your account.

    4. Intellectual Property

    4.1 Our Intellectual Property
    The content, features, and functionality of our website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are either owned or licensed by Modernize My Site, LLC and are protected by United States and international copyright laws.

    4.2 Client Content
    You retain all rights to any content you provide for use in your website (“Client Content”). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content for the purpose of providing our services to you or showcasing the services we have provided. You represent and warrant that you have all necessary rights to grant this license.

    4.3 Limited License
    Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal or internal business purposes.

    5. Payment

    Payment terms will be outlined in your specific service agreement or contract. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on our income.

    6. Termination

    We may terminate or suspend your access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the service will immediately cease.

    7. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Modernize My Site, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Modernize My Site, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE HEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Modernize My Site, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

    8. Governing Law and Jurisdiction

    These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

    9. Changes to Terms

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms.

    10. Contact Us

    If you have any questions about these Terms, please contact us at [Your Contact Information].

    11. Compliance with Laws

    11.1 Colorado Consumer Protection Act
    We comply with the Colorado Consumer Protection Act (CCPA) and will not engage in any deceptive trade practices as defined by Colorado law.

    11.2 Data Protection
    We adhere to applicable data protection laws, including the Colorado Privacy Act (CPA). We will provide notice of our data collection practices and honor consumer rights regarding their personal data as required by law. For more information, please refer to our Privacy Policy [link to Privacy Policy].

    11.3 Federal Laws
    We comply with applicable federal laws, including but not limited to the Americans with Disabilities Act (ADA) and the Children’s Online Privacy Protection Act (COPPA) where relevant.

    12. Dispute Resolution

    Any dispute arising from or relating to these Terms or our services will be first subject to good-faith negotiation between the parties. If the dispute is not resolved within 60 days of the initial written notice of the dispute by one party to the other, the dispute shall be resolved through binding arbitration in accordance with the Colorado Uniform Arbitration Act. The arbitration shall take place in Colorado Springs, Colorado, and shall be conducted in the English language. The arbitration panel shall consist of one arbitrator selected in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    13. Severability

    If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

    14. Indemnification

    You agree to defend, indemnify, and hold harmless Modernize My Site, LLC its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the services.

    15. Force Majeure

    Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence.

    16. Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    By using our website and services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.