Terms of Service

THIS TERMS OF SERVICE AGREEMENT (the "Agreement") is a legally binding agreement between James Monroe Design, based in the State of Minnesota, USA ("JMD," "we," "us," or "our"), and you (the "Client"), whether personally or on behalf of an entity, regarding your access to and use of https://www.jamesmonroedesign.com and any related media, mobile sites, or applications (collectively, the "Website").

By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree, you must not use the Website. Any obligations to pay for services already rendered survive termination.

1. Intellectual Property Rights

Unless otherwise stated, all designs, code, graphics, text, audio, video, photographs, and related content (collectively, "Content") and the trademarks, logos, and trade dress ("Marks") on the Website are the property of James Monroe Design and are protected by U.S. and international copyright, trademark, and intellectual property laws.

Except as expressly permitted, you may not copy, reproduce, distribute, display, or otherwise exploit any Content or Marks without JMD's prior written consent. All rights not expressly granted are reserved.

2. Ownership of Materials

All final design deliverables created for you ("Projects") become your property upon full payment, unless otherwise specified in writing. In the event any law would vest ownership in JMD, we hereby assign such rights to you upon payment.

You warrant that any materials you provide (logos, images, copy, examples) are owned or properly licensed and that they do not infringe third-party rights. JMD reserves the right to display completed work in portfolios or online galleries unless restricted by a written Non-Disclosure Agreement (see Section 19).

3. Third-Party Fonts and Assets

If a Project includes fonts, stock images, code, or other assets that require separate licensing ("Third-Party Assets"), JMD will identify them in writing. You are responsible for obtaining and maintaining proper licenses unless otherwise stated in your contract. JMD is not responsible for any misuse or unlicensed use after transfer of deliverables.

4. User Representations

By using the Website, you represent that you:

• Have legal capacity and agree to comply with these Terms.
• Are not a minor in your jurisdiction.
• Will not use bots, scripts, or automation to access the site.
• Will not use the Website for unlawful purposes.
• Will comply with all applicable laws and regulations.

5. Prohibited Activities

You agree not to:

• Copy, scrape, or reuse Website content for commercial purposes.
• Circumvent security measures.
• Upload viruses, malware, or unauthorized data collection tools.
• Mislead, defraud, or harass JMD or its clients.
• Reverse-engineer or attempt to access source code.
• Interfere with or disrupt the Website.

6. Client Feedback

Any feedback, suggestions, or testimonials submitted by you ("Submissions") may be used by JMD for marketing or service improvement without compensation, unless otherwise agreed in writing.

7. Management and Oversight

JMD reserves the right to monitor Website activity, restrict or terminate access, and modify or discontinue any aspect of the Website at its discretion.

8. Privacy Policy

By using the Website, you agree to our Privacy Policy, which governs the collection and use of your information. The Website is hosted in the United States. By using it, you consent to data processing in the U.S.

9. Payments, Refunds, and Cancellations

9.1 Payments

All invoices are due on the terms specified in your contract or invoice. Payments must be made in U.S. dollars via the approved payment methods listed on your invoice.

9.2 Refund Policy

All fees are non-refundable unless otherwise required by law or agreed in writing. If a refund is approved:

• A 25% administrative fee may be deducted from the remaining billable balance.
• Processing fees (e.g., Stripe or PayPal) are non-refundable.
• Any unfinished concepts, drafts, or deliverables remain the sole property of JMD and may not be used, reproduced, or modified by you.

JMD reserves the right to deny refund requests and take legal action if design materials are used without payment.

9.3 Subscription & Auto-Renewal

Certain digital or hosting services offered by JMD may operate on a subscription or retainer basis. By subscribing, you agree that:

• Subscriptions auto-renew at the end of each billing cycle unless canceled at least seven (7) days prior to renewal.
• You authorize JMD (or its payment processor) to charge the recurring fees using your selected payment method.
• You may cancel at any time through written notice to jay@jamesmonroedesign.com. Cancellations are effective at the end of the current billing cycle.
• No partial-month or prorated refunds will be issued for canceled subscriptions.

10. Modifications to the Website

We may modify, suspend, or discontinue any part of the Website at any time without notice.

11. Connection Interruptions

We do not guarantee that the Website will always be available or error-free. JMD is not liable for downtime, data loss, or connectivity issues beyond our control.

12. Governing Law

This Agreement is governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.

13. Litigation

Any legal action shall be brought exclusively in the state courts of St. Louis County, Minnesota or the U.S. District Court for the District of Minnesota. You consent to personal jurisdiction and waive any defense of inconvenient forum.

14. Disclaimer

The Website and all materials are provided "as is." JMD disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no guarantees regarding accuracy, completeness, uptime, or suitability of content.

15. Limitation of Liability and Indemnification

To the fullest extent permitted by law, JMD and its owners, employees, contractors, and affiliates shall not be liable for indirect, incidental, or consequential damages, including loss of data, revenue, or profits.

You agree to indemnify and hold harmless JMD from all claims, losses, or damages (including attorneys' fees) arising from your use of the Website, your violation of these Terms, or your infringement of third-party rights.

16. User Data

You are solely responsible for data transmitted through the Website. JMD is not liable for loss or corruption of such data.

17. Electronic Communications and Signatures

You consent to receive communications electronically and agree that electronic signatures and records have the same legal effect as handwritten ones.

18. Licensing and Compliance

You are responsible for ensuring all fonts, stock, plugins, and assets used in your materials are properly licensed for your purposes. Licenses held by JMD are not transferable unless otherwise stated in writing.

19. Showcasing Client Work

Unless otherwise restricted by NDA, JMD reserves the right to display non-confidential client work (such as screenshots, mockups, and brand names) on its website, social media, or print portfolios. Clients may request removal of such showcases via written notice.

20. Referrals

Referral tracking and payments may be handled by a third-party provider. Participation constitutes acceptance of that provider's terms.

21. Accessibility and International Use

We strive to design inclusively but make no warranty of accessibility compliance unless stated in writing. The Website is intended for U.S. users; access from other regions is at your own risk.

22. Force Majeure

JMD is not liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, internet outages, or government restrictions.

23. Entire Agreement; Severability; No Waiver

This Agreement, along with any written project proposals, invoices, or NDAs, constitutes the entire understanding between you and JMD. If any provision is found invalid, it shall be modified or severed without affecting the remainder. JMD's failure to enforce a right is not a waiver of future enforcement.

24. Updates to Terms

We may revise these Terms periodically. The updated version will be posted on https://www.jamesmonroedesign.com with a new effective date. Continued use after such posting constitutes acceptance.

25. Contact Information

For questions, concerns, or complaints regarding these Terms, contact: