Acceptance and scope
By accessing or using this website, you agree to these Terms of Use and the linked Privacy Policy and Cookie Policy. If you do not agree, do not use the site. You must be legally capable of accepting these terms and, if acting for an organization, authorized to bind that organization.
These terms apply only to the public website and its general inquiry tools. A signed proposal, statement of work, master services agreement, or other written contract controls a client engagement. If a client agreement conflicts with these website terms, the client agreement controls for that engagement.
Website information
Website content is provided for general information and marketing. It is not legal, financial, tax, accounting, security, accessibility-certification, or other professional advice. Examples, portfolio materials, timelines, processes, and descriptions do not guarantee a particular business, search, conversion, revenue, performance, or compliance result.
We try to keep the site accurate and available but may correct, update, remove, or change content and features at any time. You are responsible for independently evaluating whether information or a proposed service is appropriate for your needs.
Inquiries and proposals
Sending a project brief, email, account registration, or other inquiry does not create a client relationship, confidentiality obligation, partnership, fiduciary duty, or guarantee of availability. Do not submit trade secrets, passwords, production credentials, full payment details, regulated data, or other highly sensitive information before an appropriate written agreement and secure transfer method are in place.
Automated estimates, draft schedules, and preliminary discussions are informational and nonbinding. Services begin only under a written agreement accepted by the relevant parties. Pricing, scope, assumptions, dependencies, payment terms, acceptance criteria, and intellectual-property treatment are determined by that agreement.
Acceptable use
You may not use the website to:
- violate law or another person's rights;
- attempt unauthorized access to accounts, systems, data, or source code;
- introduce malware, interfere with operation, probe vulnerabilities, or evade controls;
- scrape, harvest, or automatically extract data except as permitted by law and robots directives;
- impersonate another person, submit false information, or misuse referral features;
- copy, frame, resell, or commercially exploit site content without permission; or
- use the site in a way that could harm Click and Mortar, its clients, providers, or other users.
We may restrict access or preserve and disclose relevant records when reasonably necessary to investigate misuse, protect the site, or comply with law.
Intellectual property
The website's design, original copy, code, graphics, branding, and other original materials are owned by or licensed to Click and Mortar and are protected by applicable intellectual- property laws. Client names, trademarks, supplied media, third-party software, fonts, and other third-party materials remain the property of their respective owners.
We grant you a limited, revocable, nonexclusive, nontransferable license to access the public site for lawful personal or internal business evaluation. No other rights are granted by implication. Project deliverable ownership is determined only by the signed client agreement and any applicable third-party licenses.
If you submit feedback about the public site, you permit us to use it without restriction or compensation, provided we do not claim ownership of your confidential project materials.
Third-party services
The site may link to or rely on third-party services, including hosting, analytics, authentication, databases, domains, content platforms, and external websites. Third parties control their own services, security, availability, pricing, and terms. A link or integration does not imply endorsement, ownership, or a guarantee.
To the fullest extent permitted by law, Click and Mortar is not responsible for third-party content, conduct, outages, changes, data practices, or losses. Review the third party's terms and privacy notice before using its service.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PUBLIC WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT CONTENT WILL REMAIN CURRENT, OR THAT USE WILL PRODUCE ANY PARTICULAR BUSINESS OR TECHNICAL OUTCOME. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CLICK AND MORTAR AND ITS OWNERS, PERSONNEL, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR COSTS OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE PUBLIC WEBSITE, EVEN IF ADVISED THAT SUCH LOSS MAY OCCUR.
TO THE FULLEST EXTENT PERMITTED BY LAW, TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PUBLIC WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT DOES NOT REPLACE OR MODIFY ANY LIABILITY ALLOCATION IN A SIGNED CLIENT AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE LIMIT WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED.
Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Click and Mortar and its owners, personnel, and contractors from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful misuse of the public website, your violation of these terms, or materials you submit without the necessary rights. This obligation does not apply to the extent a claim results from our own unlawful conduct.
General terms and contact
If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not transfer these terms without our written consent; we may transfer them in connection with a reorganization or transfer of the website or business. Provisions that by their nature should survive termination will survive.
We may update these terms by posting a revised version and effective date. Material changes may receive additional notice where required. Questions may be sent to tkochavy@clickandmortar.bio.
Because contract enforceability depends on facts and jurisdiction, these website terms should be reviewed by qualified counsel before production use.
