TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We are Mint Wave Media LLC ("Company," "we," "us," "our"), a company registered in Kent Washington, United States at 25248 Pacific Hwy S Ste 101.

We operate the website https://mintwavemedia.com/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Mint Wave Media LLC, concerning your access to and use of the Services. By accessing or using our Services, you agree to be bound by these Legal Terms. If you do not agree, you must discontinue use immediately.

Supplemental terms and policies may apply to specific services and are incorporated by reference. We reserve the right to update these Legal Terms at any time. Your continued use of the Services constitutes acceptance of any changes.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

Mint Wave Media provides website design, development, hosting, and a range of marketing services on a subscription and/or project basis. Services include, but are not limited to, professional web design, SEO development, unlimited edits and updates (within reasonable use), website hosting, and management. Optional add-ons and other marketing services (such as direct mail, PPC, Google profile setup, etc.) may be available under separate agreements.

Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA). You are responsible for compliance with local laws if accessing from outside the United States.

Unlimited edits and support are subject to reasonable use, as determined by Mint Wave Media. We reserve the right to limit or refuse requests that are excessive, abusive, or outside the scope of the agreed services.

You agree to provide all necessary content, feedback, and approvals in a timely manner. Delays in providing requested materials or feedback may result in project delays for which Mint Wave Media is not responsible.

Unless otherwise specified in writing, Mint Wave Media does not guarantee that websites will be compliant with the Americans with Disabilities Act (ADA) or Web Content Accessibility Guidelines (WCAG).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, and graphics (the "Content"), as well as the trademarks, service marks, and logos (the "Marks"). The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only, subject to your compliance with these Legal Terms.

Your Use of Our Services

You are granted a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Legal Terms;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Services for any illegal or unauthorized purpose; and
• Your use of the Services will not violate any applicable law or regulation.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

• Systematically retrieving data or other content from the Services without written permission;
• Making any unauthorized use of the Services;
• Using the Services to advertise or offer to sell goods and services;
• Circumventing, disabling, or otherwise interfering with security-related features of the Services;
• Engaging in unauthorized framing of or linking to the Services;
• Tricking, defrauding, or misleading us and other users;
• Making improper use of our support services or submitting false reports of abuse or misconduct;
• Engaging in any automated use of the Services;
• Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
• Attempting to impersonate another user or person or use the username of another user;
• Using any information obtained from the Services in order to harass, abuse, or harm another person;
• Using the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. CLIENT CONTENT AND FEEDBACK LICENSE

Only the business owner or their authorized representatives may provide content (such as blog posts, images, logos, or copy) for publication on their website. By providing such content to Mint Wave Media, you represent and warrant that you own the rights to the content or have obtained all necessary permissions for its use. You are solely responsible for the legality, reliability, and appropriateness of all content you supply for your website.

Any content (including but not limited to logos, images, videos, blog articles, or written materials) that you, as the client or your authorized representatives, provide to Mint Wave Media for use on your website or in connection with our services remains your property. By providing such content, you grant Mint Wave Media a non-exclusive, royalty-free license to use, reproduce, and display this content solely for the purpose of fulfilling the contracted services and operating your website.

You are responsible for ensuring that you have all necessary rights, licenses, or permissions for any content you provide. Mint Wave Media is not liable for any copyright or intellectual property disputes arising from client-supplied content.

Any feedback, testimonial, or review you provide to Mint Wave Media regarding our services may be used by us for marketing or promotional purposes, including publication on our website or in other marketing materials. By submitting feedback, you grant Mint Wave Media a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, and display your feedback. We will not display your full name or identifying details without your permission.

Unless otherwise agreed in writing, you grant Mint Wave Media the right to display your completed website or marketing materials as part of our portfolio or marketing materials.

6. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

We are not responsible for the functionality, performance, or policies of any third-party service, platform, or integration, including but not limited to Google, Facebook, or other marketing platforms. You are subject to the terms and conditions of those third parties.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content or any portion thereof;
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

We take reasonable measures to protect your data, but cannot guarantee absolute security. You are responsible for ensuring that any data you provide to us complies with applicable privacy laws.

9. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account or access to our services for any reason, you are prohibited from registering and creating a new account or engaging our services under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account or access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We strive to provide reliable Services, but we cannot guarantee that the Services will always be available or uninterrupted. From time to time, we may need to perform maintenance or may experience technical issues, which can result in temporary interruptions, delays, or errors. We reserve the right to modify, update, suspend, discontinue, or otherwise change any part of the Services at any time, for any reason, and without prior notice

You acknowledge and agree that Mint Wave Media is not liable for any loss, damage, or inconvenience that may result from your inability to access or use the Services during periods of downtime or discontinuation. Nothing in these Terms obligates us to maintain, support, or provide updates, corrections, or new releases for the Services.

11. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction, including but not limited to privacy, data protection, and business regulations.

12. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in King County, Washington, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

13. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

14. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

If a claim arises that requires you to indemnify us, we reserve the right—at your expense—to take over the exclusive defense and control of that matter. You agree to cooperate with us, also at your expense, in defending against any such claim. We will make reasonable efforts to notify you as soon as we become aware of any claim, action, or proceeding that is subject to this indemnification.

17. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, electronic contracts, electronic orders, and other electronic records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You waive any rights or requirements under any laws in any jurisdiction that require an original (non-electronic) signature, the delivery or retention of non-electronic records, or payments or the granting of credits by means other than electronic means.

19. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. We are not responsible or liable for any loss, damage, delay, or failure to act that results from causes beyond our reasonable control. If any part of these Legal Terms is found to be unlawful, void, or unenforceable, that part will be considered separate from the rest and will not affect the validity or enforceability of the remaining provisions. These Legal Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You agree that these Legal Terms should not be interpreted against us simply because we drafted them. You also waive any defenses based on the electronic form of these Legal Terms and the absence of physical signatures by the parties.

21. DIRECT MAIL SERVICES DISCLAIMER

Once direct mail materials have been shipped or handed over to the postal service or any third-party carrier, Mint Wave Media is not responsible for any loss, delay, non-delivery, or damage caused by the postal service or carrier. We cannot guarantee delivery times or outcomes, and we are not liable for any losses or damages resulting from delayed, lost, or undelivered mail.

You are solely responsible for reviewing and approving all content, copy, and materials you provide for direct mail campaigns. Mint Wave Media is not liable for any errors, omissions, or inaccuracies in materials supplied by you, including typographical errors. Any costs associated with correcting, reprinting, or resending direct mail due to client-supplied errors or postal issues are your responsibility.

22. RESULTS DISCLAIMER

Mint Wave Media does not guarantee that any marketing, advertising, or direct mail services will result in increased business, sales, leads, or other desired outcomes. Results from marketing and advertising efforts can vary due to factors outside of our control, including but not limited to market conditions, competition, and customer behavior. You acknowledge and agree that all marketing and advertising services are provided without any guarantee of specific results.

23. PAYMENT TERMS

All fees for services are due as specified in your agreement or invoice. Failure to pay may result in suspension or termination of services. All payments are non-refundable unless otherwise stated in writing. You are responsible for any applicable taxes or bank fees. If you wish to cancel services, you must provide written notice as specified in your agreement; cancellation does not entitle you to a refund for any fees already paid.

24. CONTACT US