Terms of Service

1. About These Terms; Scope

These Terms of Service ("Terms") govern the website at jdswebservice.com and your use of it, which these Terms call the "Site." "We," "us," and "our" mean the sole proprietorship that operates the Site under the trade name "JD's Web Service."

These Terms govern the Site only. Our client services (including anything about the services we provide, prices, payments, billing, or cancellations) are governed by the service agreement each client signs with us, not by these Terms. These Terms explain how you may use the Site, what the Site provides, and what we each may expect in connection with the Site itself.

2. Definitions

In these Terms:

• "Site" means the jdswebservice.com public pages, the client-portal area, and every form on the Site (including contact, sign-up, and checkout-entry forms).
• "Portal Account" means an account within the client-portal area of the Site.
• "Client" means a person or business that has signed a service agreement with us for our services. That signed agreement is a "Signed Service Agreement."
• "You" and "your" mean any visitor or user of the Site, including Clients when they use the Site.

3. Acceptance of Terms

By using the Site in any way, including browsing, submitting a form, or using a Portal Account, you agree to these Terms automatically. If you do not agree to these Terms, stop using the Site immediately, and you may put in a request for deletion of your data under applicable law (see Section 14).

If you are a Client, the terms of your Signed Service Agreement govern the client relationship, and that agreement controls over these Terms wherever the two differ about the services. Creating or using a Portal Account in the course of the client relationship is still use of the Site and remains governed by these Terms.

4. Eligibility

You must be at least 18 years old to use the Site. By using the Site, you represent that you are at least 18 years old. If you use the Site on behalf of a business, you represent that you have authority to bind that business.

5. Client Accounts

If you hold a Portal Account:

• Information you provide about yourself or your business must be accurate and kept current.
• You are responsible for keeping your credentials (usernames and passwords) secure and for all activity that happens under your account.
• Portal access may end when the contract relationship between you and us ends, as provided in your Signed Service Agreement.

6. Acceptable Use; Suspension and Blocking of Access

You agree not to use the Site to:

• Break any applicable law or regulation.
• Post, transmit, or link to content that is unlawful, infringing, harassing, defamatory, false, or harmful.
• Infringe the intellectual property or other rights of any person (copyright complaints are handled under Section 13).
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site, other users, our systems, or our security.
• Copy, scrape, harvest, or bulk-download the Site's content or extract data from the Site in a way that is not normal personal viewing.
• Misrepresent your identity or your affiliation with any person or business.

We may suspend or block your access to the Site, including any Portal Account, at any time, for any reason at all whatsoever, or for no reason, with notice where practical. Common causes include abuse of the Site, illegal use, threats to the Site's security or to other users, and violations of these Terms; the power described in this section does not depend on a listed cause.

This power reaches Site access only. Consequences inside the client relationship, including anything about the services, live in the Signed Service Agreement.

7. Intellectual Property; Site Content

The Site, and all content on it (text, images, logos, design, code, and downloads), is owned by us or used by us with permission, and is protected by copyright, trademark, and other laws.

"JD's Web Service," our name, our logos, and our site materials are protected by law, including trademark rights that arise from our actual use in commerce. We do not claim any trademark registration.

The Site's content is provided as is. You may not copy, reproduce, redistribute, scrape, or reuse any part of the Site's content without our permission.

Content you submit through the Site (for example, through a form or a Portal Account) remains yours. You are responsible for that content and for holding the rights needed to submit it. You give us the limited rights we need to store, display within your account, and process that content in order to operate the Site and, for Clients, to provide the services under your Signed Service Agreement.

8. Portfolio and Demo Content

Portfolio items shown on the Site are real client work and are shown with the owners' permission. Demo and mockup sites are clearly marked as demos; they are illustrative and are neither promises of results nor examples of client work.

9. Third-Party Providers

The Site runs with help from third parties, including hosting providers, payment processors (such as Stripe, when payments happen through the Site), domain registrars, and email delivery services. These providers operate under their own terms. We may substitute or change any third-party provider at any time.

10. Warranty Disclaimer; Site Provided "As Is"

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

We do not guarantee specific business results from anything shown, described, or demonstrated on the Site, including traffic, search rankings, customers, or revenue.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SITE IS LIMITED TO THE GREATER OF (i) THE TOTAL FEES YOU PAID US UNDER ANY AGREEMENT WITH US IN THE 12 MONTHS BEFORE THE CLAIM FIRST AROSE, OR (ii) $100.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE, LOST PROFITS, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify and hold us harmless from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Content you submit or transmit through the Site;
• Your violation of these Terms; or
• Your infringement of any third-party intellectual property or other rights.

We will notify you of any such claim and may, at our option, participate in its defense.

13. Copyright Complaints; DMCA

We respond to valid copyright complaints under our DMCA and Copyright Policy (jdswebservice.com/dmca), which is part of the Site's posted legal documents and governs how copyright complaints are reported and handled. Copyright reports may be submitted through the form at jdswebservice.com/dmca/report, or by following the routes that policy designates.

14. Data Deletion Requests

You may ask us to delete the personal data we hold about you under the General Data Protection Regulation (GDPR), the California Consumer Privacy Act as amended by the CPRA, or any other applicable law. To make a request, email [email protected], or use the route described in our Privacy Policy.

15. Changes to These Terms

We may change these Terms from time to time. The current version is always posted on the Site, and its "Last updated" date shows the most recent revision. When we change these Terms, we will post the updated version on the Site, and if you hold a Portal Account or have otherwise given us an email address, we will also send notice of the change to the email address we have on file.

Updated Terms take effect immediately when they are posted. Continuing to use the Site after updated Terms take effect means you accept the updated Terms.

16. Disputes; Governing Law

If a dispute arises out of or relates to these Terms or the Site, the parties will first attempt to resolve the dispute through good-faith mediation. If mediation does not resolve the dispute within 60 days after it begins, either party may file an action in the state courts located in Allegheny County, Pennsylvania.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

17. Notices

We may give notices to you by posting on the Site or by email to the address we have on file, and you agree that email is a valid way to give legal notice. Legal notices to us must go by email to [email protected].

18. Assignment

You may not assign or transfer these Terms, or any rights under them, without our prior written consent. We may assign these Terms, with notice to you, in connection with a sale, transfer, or reorganization of our business.

19. Force Majeure

We are not liable for delays or failures in the Site caused by events outside our reasonable control, including natural disasters, power or internet failures, labor disputes, denial-of-service attacks, war, terrorism, or acts of civil or military authority.

20. Other Documents That Apply

The following documents also apply to your use of the Site, each under its own subject:

• Our Privacy Policy governs personal data we handle through the Site.
• Our Cookies Policy governs cookies on the Site.
• Our DMCA and Copyright Policy (jdswebservice.com/dmca) governs copyright complaints (see Section 13).
• If you are a Client, your Signed Service Agreement governs the services we provide to you.

21. Entire Agreement; Superseding Documents

These Terms, together with our Privacy Policy, our Cookies Policy, and our DMCA and Copyright Policy, are the entire agreement between you and us about your use of the Site, and they supersede all prior or contemporaneous understandings about the Site, whether written or oral.

These Terms do not replace your Signed Service Agreement. If you are a Client, the client contract governs the services and supersedes these Terms, and any public policy page in our document set, wherever the contract differs from them about the services, prices, payments, billing, or cancellations.

22. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

23. Contact

Questions about these Terms may be directed to [email protected].