TERMS OF SERVICE AGREEMENT

Last Updated: September 8, 2025

This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“I,” “User,” “you,” or “your”) and mSutton.Services (“Company,” “we,” “us,” or “our”). We are a Texas-based company providing website design, website maintenance, and digital marketing services.

By accessing, browsing, or using our website, including any content, features, or services provided on or through the website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use the Site.

1. General Conditions

1.1. Acceptance of Terms. Your use of the Site constitutes your acceptance of this Agreement. We reserve the right to modify these terms at any time. Any changes will be posted on this page and will become effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of the new terms.

1.2. Eligibility. By using the Site, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

1.3. Governing Law. This Agreement and any disputes arising out of or related to it will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

1.4. Jurisdiction and Venue. You agree that any legal action or proceeding arising out of or related to this Agreement will be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

2. Intellectual Property and Content

2.1. Company Content. All content on the Site, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of mSutton.Services or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2. Limited License to User. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal and non-commercial use, subject to the terms of this Agreement. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally permitted by the nature of the Site.

2.3. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Infringe on our intellectual property rights or the intellectual property rights of others.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm mSutton.Services or users of the Site or expose them to liability.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

2.4. User-Generated Content. If the Site allows you to post content (e.g., comments, testimonials), you retain all rights to your content. However, by posting, you grant us a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or control all rights to your user content and have the right to grant the license granted above.

3. Disclaimer of Warranties

3.1. As-Is Basis. The Site and its content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

4. Limitation of Liability

4.1. No Liability for Damages. In no event will mSutton.Services, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use, or 1inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages.

5. Indemnification

5.1. User Indemnity. You agree to defend, indemnify, and hold harmless mSutton.Services, 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 this Agreement or your use of the Site, including, but not limited to, your user content, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement.

6. Termination

6.1. Our Right to Terminate. We reserve the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.

6.2. Survival. All provisions of this Agreement which by their nature should survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

7. Miscellaneous

7.1. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by us on the Site, constitutes the entire agreement between you and mSutton.Services concerning the Site.

7.2. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

7.3. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

8. Contact Information

If you have any questions about this Agreement, please contact us at:

msutton.services

San Benito, Tx

(956) 320-7808

hello@msutton.services