Terms of Service

Last updated: October 30, 2025 9:13 AM

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the True Mtn website and services (the “Website”) operated by True Mtn, LLC, a(n) Limited Liability Company formed in Indiana, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website and services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website and services. By signing up for any of our services, you agree to our terms. The member signing up will be treated as the approver of services, acknowledging they have agreed to abiding by our terms of service.

OUR OFFERS AND PRICING

We offer services and digital products on this Website. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.

PURCHASES

When you make a purchase on our portal, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

CANCELLATION POLICY

You may cancel your services at any time by contacting us via email at truemtnmarketing@gmail.com or through the Website.

Cancellation requires 30 days’ advance written notice prior to your next billing date. If proper notice is provided, cancellation will be effective at the end of your current billing cycle, and you will not be charged for subsequent billing cycles.

Example: If your billing date is the 15th of each month and you provide cancellation notice on October 10th, your cancellation will be effective November 15th (end of next billing cycle). You will be charged for the November 15th billing cycle but not for December 15th.

No cancellation fees apply. However, no refunds will be issued for the current billing period or any prior periods. You will continue to receive services through the end of your current billing cycle.

For Website Services: If you cancel website services before completing 24 monthly payments, you will not receive website files, database, or digital assets, as they remain the property of True Mtn, LLC during the initial 24-month term. If you cancel after completing 24 monthly payments, you retain full website ownership and will receive all files for transfer to your own hosting provider.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase.

REFUND POLICY

We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 30 days of your purchase date by contacting us prior to entering the development phase for any website, or going live with any other services.

We offer refunds on any purchases of the services and digital products offered on our Website for the following reason(s) only: the good, digital product or service failed to meet the warranties, if any, didn’t like it, incompatible with third party software or hardware, and the wrong product or service was provided. Please note that we do not offer refunds for any other reasons other than those listed above. For website projects our 30 day money back guarantee must happen prior to entering our Development Phase.

Refunds After Services Begin: Once your website has entered the development phase, or once other services have gone live, no refunds will be issued for any reason, including cancellation of services. You remain responsible for payment of all services rendered through your cancellation effective date, even if you cancel mid-billing cycle.

If you cancel during a billing cycle, you will receive services through the end of that billing cycle, but no prorated refunds will be issued for partial months.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

REMEDIES

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be repair. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

SUBSCRIPTIONS

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service.

YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 30 DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.

SUBSCRIPTION STRUCTURE

Website services operate on a subscription basis with a 24-month initial term.

During the initial 24-month term:

You receive website development, hosting, management, security, updates, backups, and support services
Monthly payments contribute toward website ownership
Website ownership, files, database, and digital assets remain property of True Mtn, LLC
You may cancel with 30 days’ notice as described in the Cancellation Policy section, but website files will not be transferred or made available upon early cancellation

After completing 24 monthly payments:

You become the full owner of the website, including all files, database, and digital assets
Your subscription automatically continues month-to-month for ongoing hosting, management, security, updates, backups, and support services
You may cancel month-to-month service with 30 days’ notice as described in the Cancellation Policy section
Upon cancellation after the 24-month term, you retain full website ownership and will receive all files for transfer to your own hosting provider

THE MINIMUM PURCHASE REQUIRED TO QUALIFY FOR WEBSITE OWNERSHIP IS 24 MONTHLY PAYMENTS.

WEBSITE PACKAGE STRUCTURE

Website packages combine one-time design and development work with ongoing managed services:

Setup Fee: The one-time setup fee covers custom website design, development, configuration, and launch. This is billed once at the beginning of service.

Monthly Service Fee: The monthly fee covers ongoing managed website services, including but not limited to:

Premium hosting infrastructure
Daily automated backups with secure cloud storage
Security monitoring and threat protection
Spam filtering and prevention
WordPress core software updates
Plugin and theme updates
SSL certificate management
24/7 uptime monitoring
Server resource allocation (bandwidth, storage, computing power)
Technical support and assistance
Performance optimization

These managed services operate continuously and automatically, regardless of whether custom development work is requested in any given month. The monthly fee is for ongoing infrastructure, maintenance, and support services, not for hourly custom work.

Ownership Transfer: After completing 24 consecutive months of service, ownership of the website (including all files, databases, and content) transfers to the client. Monthly managed services continue on a month-to-month basis at the same rate unless cancelled per the Cancellation Policy.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

When you purchase a subscription on the Website, your subscription will automatically renew on a monthly basis. We will automatically charge the payment method on file each month until you cancel your subscription in accordance with the Cancellation Policy above.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:

EMAIL – TRUEMTNMARKETING@GMAIL.COM
THROUGH THE WEBSITE

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 30 DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

North Carolina Customers: In accordance with N.C. Gen. Stat. § 75-41, you are hereby notified that:

This subscription will automatically renew each month
You will be charged the then-current monthly rate
You may cancel automatic renewals at any time with 30 days’ advance notice
Cancellation instructions are provided above in this section and in our Cancellation Policy section

SERVICE PERFORMANCE AND CLIENT NOTIFICATION OBLIGATIONS

Service Delivery: We will provide the services as described in these Terms of Service and as displayed on the specific service package page you selected during signup. The features and services included in your package are those listed on your package selection page at the time of purchase.

Client Notification Requirement: IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS, IF YOU HAVE QUESTIONS ABOUT SERVICES, OR IF YOU BELIEVE SERVICES ARE NOT BEING PERFORMED AS EXPECTED. We cannot address issues we are not aware of.

Response Times: We will make commercially reasonable efforts to respond to client inquiries within 2-3 business days. Complex technical issues may require additional time to resolve. Service Records: We maintain internal records of services performed, including but not limited to security updates, backups, monitoring, plugin updates, and maintenance tasks. These records are available upon request.

No Guarantee of Specific Results: While we work diligently to provide quality services, we make no guarantees regarding website traffic, search engine rankings, sales, leads, or other business outcomes. Our obligation is to provide the services described in your selected package, not to achieve specific business results.

ACCOUNTS

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

PROHIBITED USES

You agree that you will use the Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate True Mtn, LLC or its employees, representatives, subsidiaries or divisions
Misrepresenting your identity or affiliation with any person or entity
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack
Otherwise attempting to interfere with the proper working of the Website
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations

AVAILABILITY, ERRORS AND INACCURACIES

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on the Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL TRUE MTN, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF TRUE MTN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE LIMITATION ABOVE, TRUE MTN, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF TRUE MTN, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO TRUE MTN, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THE WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF TRUE MTN, LLC. THE AGGREGATE LIABILITY OF TRUE MTN, LLC ARISING OUT OF OR RELATING TO BUILT WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY TRUE MTN, LLC FROM YOU.

INTELLECTUAL PROPERTY AND DMCA NOTICE AND PROCEDURE FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

All contents of the Website are ©2024 True Mtn, LLC or third parties. All rights reserved. Unless specified otherwise, the Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of True Mtn, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of True Mtn, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact John White at truemtnmarketing@gmail.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

True Mtn, LLC
John White
truemtnmarketing@gmail.com
(312) 878-3686
10083 Ravenwood Dr,
St. John, IN 46373
UNITED STATES

GOVERNING LAW, SEVERABILITY, DISPUTE RESOLUTION AND VENUE

These Terms shall be governed and construed in accordance with the laws of the state of Indiana, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

For Business-to-Business Contracts: If Client is a business entity (including but not limited to corporations, LLCs, partnerships, or sole proprietorships), this Agreement is a business-to-business transaction and the venue and governing law provisions below shall apply in full. Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Lake County, Indiana.

For Consumer Contracts: If Client is an individual consumer purchasing services for personal, family, or household purposes, and if applicable state law voids out-of-state venue provisions for consumer contracts, then venue shall be in a court of competent jurisdiction in Client’s state of residence.

YOU AND TRUE MTN, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

CHANGES TO TERMS OF SERVICE

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

WEBSITE SERVICE TERMS

Ownership and Intellectual Property Rights. During the initial 24-month term, Developer shall be the owner of the Website. Provided that Client is not in default of its obligations under the Agreement, Developer grants Client the exclusive worldwide right to use the Website during the initial 24-month term (“License”).

Upon completion of 24 monthly payments, Client will become the owner of the Website, including all files, database, and digital assets. However, despite the transfer of ownership of the Website, Client shall have no right to the source code, proprietary tools, or development frameworks used by Developer to create Client’s website.

If Client cancels services before completing 24 monthly payments, no ownership transfer occurs and no website files, database, or digital assets will be provided to Client.

In addition to the source code, Client agrees that, except for content provided to Developer by Client, all copyrights and other intellectual property elements and rights contained in or displayed in the Website, including without limitation design elements, templates, images, scripts, story lines, sound tracks, tag lines, and “look and feel,” object code, and mobile application functionality, music or video, video footage, still photos, still photography elements created or owned by Developer (or under license and included in the Website), search engines, Java applets, toolbars and ActiveX controls are owned exclusively by the Developer (collectively referred to as “Developer IP”). Client agrees not to reverse engineer any Developer IP. Client agrees that Developer may use the Website, including but not limited to any materials or content provided by Client, for Developer’s marketing and advertising purposes.

Release, Indemnification, and Limitation of Liability.

Release. Client releases Developer, its successors, assignees, agents, employees, owners, and licensees from any and all claims and demands arising out of or in connection with Developer’s design and preparation of the Website.

Indemnification. Client shall indemnify, defend and hold Developer its successors, assignees, agents, employees, owners and licensees harmless from and against any and all damages, liabilities, claims, actions, causes of action, demands, judgments, losses and expenses (including reasonable attorney’s fees and court costs) in connection with any actual or alleged third party claim, demand or action arising out of:

Developer’s performance of Developer’s Services
Client’s use of the Website
Any other conduct related to Developer’s creation, use, hosting, or maintenance of the Website
Any claims that the Website violates accessibility laws or standards, including but not limited to the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), Section 508, or similar regulations, UNLESS accessibility compliance was explicitly included in a signed Scope of Work and Developer failed to deliver the specified compliance level

Limitation of Liability. Developer’s liability under this Agreement is limited to the total amounts paid by Client during the Agreement Term. Developer shall not be liable for any special, indirect, exemplary, incidental, punitive or consequential damages, including without limitation, lost profits or business or damages, arising out of the Agreement, even if it has been advised of the possibility of such loss or damage. Any cause of action arising out of or related to the Developer’s Services must be commenced within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Client’s Representation and Warranties. Client represents and warrants that:

Client owns the information and content it provides to Developer
Client has the right to authorize the production and distribution of the Website
Client’s performance of the Agreement will not cause a material breach of any other agreement to which it is a party
Client has the right and authority to enter into this Agreement and the signatory for Client is at least 18 years old with the right and authority to bind Client
Client will comply with all applicable laws and regulations and, unless an exception is expressly agreed to in a writing signed by Developer, will assume responsibility and liability for ensuring that the Website complies with all applicable laws and regulations
Client will not provide to Developer, and Client’s Website will not contain, any content that is illegal, obscene, pornographic or otherwise offensive in nature
The content that Client provides to Developer will not infringe or violate any copyright, patent, trade secret, intellectual property right or contractual right of any third party
Client shall notify Developer of any copyright, legal notices or disclaimers that are required to be included in the Website
Client gives Developer permission to use any copy or media from its current site, if it has one
Client shall obtain all necessary consents and approvals regarding content it provides to Developer to include in the Website
Client acknowledges sole responsibility for ensuring the Website complies with all applicable laws, including but not limited to the Americans with Disabilities Act (ADA), and will not hold Developer liable for any accessibility-related claims or lawsuits

Client agrees not to make any statement or take any action to disparage, defame, or compromise the goodwill, name, brand or reputation of the Service Provider or commit any other action that could injure, hinder or interfere with the Service Provider’s business relationships or goodwill.

Service Provider’s Representations and Warranties. Developer’s Services are provided to Client on an “as-is” basis, and other than as specifically provided in the Agreement, Developer disclaims any and all express or implied warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law. There is no warranty that Developer’s Services will be error free, will operate without interruption, will be compatible with or supported by all operating systems and/or internet browsers, will fulfill Client’s particular purposes or needs, and/or will meet any level of sales, purchases, clicks, leads or other performance metric. Developer makes no warranty as to storage of Client’s information and shall not be responsible for any loss of or damage to Client’s information. To the extent that Developer cannot disclaim any such warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.

Website support after launch. Up to three hours per month of website support following the Website Launch, including new page creation (with content supplied by Client), plugin and database updates, updating and changing content by Client’s request, and assisting Client with questions related to the change, update or manipulation of the Website (collectively referred to as “Developer’s Services”). If Client requires more than three hours of support on a monthly basis after the Website Launch, Client agrees to pay Developer $95.00 per hour for the additional support. If requests are beyond a support request and fall into a custom need, True Mtn will let the client know prior to starting and provide a quote for approval before beginning work. Unused hours every month may not be rolled into new months and will not be credited back to client for any reason.

WEBSITE HOSTING

Our Website Management Service includes website hosting. If you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the uptime of your website, or any other hosting related matter.

FIXING ANY PROBLEMS RELATED TO WEB HOSTING, OR PROJECT DELAYS RELATED TO WEB HOSTING ON A SERVER OTHER THAN OUR OWN IS BILLABLE AT OUR CURRENTLY HOURLY RATE.

We use commercially reasonable efforts to make sites that we host available 99.9% of the time during each monthly billing cycle. If we are unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the unavailability for that month. For the purposes of this agreement, unavailability means that either your website is unresponsive, or your website returns a server error response to valid user requests for more than 60 seconds of consecutive requests, and in all cases that the unavailability is not because of local, regional, national or international outages.

Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 2 days in advance, and does not exceed one hour in any month. Typically, scheduled maintenance occurs in off-peak hours (usually in the early morning).

Service credits will be calculated as a percentage of the bill for the billing cycle that the unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of unavailability by the total number of minutes in that billing cycle. THE CUSTOMER MUST REQUEST SERVICE CREDITS WITHIN 7 DAYS OF THE UNAVAILABILITY OCCURRING.

WEBSITE MANAGEMENT SERVICE

Our Website Management includes website hosting, website software updates, website backups, and website security.

Website Security

Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.

Website Backups

Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.

Software Updates

Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.

While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion. We shall have no other or further liability beyond restoration of the site to the nearest available pre-hack condition.

Restoring Backups

Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you.

If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.

Premium (Paid) Themes and Plugins

Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.

If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your Website Management Services, and licensing will be maintained for you as long as you are an active subscriber to our Website Management Services.

If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.

We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.

WE CANNOT BE HELD LIABLE FOR PROBLEMS SUCH AS BUT NOT LIMITED TO HACKS, INOPERABILITY OR INTERCOMPATIBILITY THAT ARISE FROM PREMIUM PLUGINS WHICH YOU CHOOSE NOT TO LICENSE AND ARE OUT OF DATE.

Plugin Compatibility

If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 3 hours, additional time will be billable at our current hourly rate.

IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

IF YOU ELECT NOT TO PURCHASE OUR WEBSITE MANAGEMENT SERVICE, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING WORDPRESS (AND ITS THEMES AND PLUGINS) UPDATED.

YOUR RESPONSIBILITIES IN WEBSITE SECURITY

We incorporate industry standard WordPress security techniques when building your website. Since one prevalent method hackers use to breach a website is through compromised user devices, you agree to uphold robust security measures when accessing your website, and this includes:

Device Security

Protect any computer or device you control that has access to the website by:

Installing and maintaining up-to-date security software
Using the latest version of your preferred web browser
Keeping the operating system updated with recommended patches
Regularly updating any other installed software

Password Protocol

Use a strong password (as indicated by the WordPress password strength meter) exclusive to your website login
Refrain from sending passwords or other sensitive credentials openly via SMS, email, chat programs, or any other unencrypted and exposed methods
We strongly recommend utilizing a password manager to ensure you use robust, unique passwords for every site

You further commit that any employees, contractors, or other parties you grant (or ask us to provide) website access to will adhere to the above security measures.

THIRD-PARTY SERVICES

From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.

OUR WEBSITE MANAGEMENT PLANS DO NOT COVER WORK NECESSARY DUE TO ACTIONS PERFORMED BY A THIRD PARTY. SHOULD OUR SERVICES BE NECESSARY DUE TO ANY WORK PERFORMED BY A THIRD PARTY, THESE SERVICES ARE BILLABLE AT OUR CURRENT HOURLY RATE.

ONGOING SEARCH ENGINE OPTIMIZATION (SEO)

Ongoing SEO services are not included in our website management service. Your website’s ranking and placement on search engines depend on a myriad of factors. WE CANNOT GUARANTEE RANKING OR PLACEMENT ON ANY SEARCH ENGINE.

EMAIL DELIVERABILITY

Occasionally, your website will send email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo and others.

SINCE WE CANNOT CONTROL THE RECEIPT OF EMAIL, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.

IT IS THE CLIENT’S RESPONSIBILITY TO REGULARLY CHECK SPAM FOLDERS AND WEBSITE FORM AND ORDER INTERFACES FOR ANY NOTIFICATIONS THAT WERE NOT DELIVERED TO THE CLIENT’S INBOX.

EMAIL SERVICE

WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE TO CLIENTS. We recommend consulting with an IT Professional about implementing professional email service from a reliable vendor.

DOMAIN NAMES

Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion.

It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling.

WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF DOMAIN NAMES BECAUSE YOUR CARD COULD NOT BE BILLED OR FOR ANY OTHER REASON. If you lose access to your domain name through non-payment, suspension or any other reason, your website will no longer be accessible or viewable by the public. Work needed as a result of domain expiration is billable at our current hourly rate.

WEBSITE ACCESSIBILITY AND ADA COMPLIANCE

ADA and Accessibility Standards Overview

The Americans with Disabilities Act (ADA) and similar laws may require websites to be accessible to individuals with disabilities. Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is generally considered the standard for compliance, though legal requirements vary by jurisdiction, business type, and other factors.

Client’s Sole Responsibility for Compliance

CLIENT ACKNOWLEDGES AND AGREES THAT:

It is the Client’s sole responsibility to determine whether their website must comply with the ADA, WCAG, Section 508, or any other accessibility standards or regulations.
It is the Client’s sole responsibility to inform True Mtn of any specific accessibility requirements BEFORE development begins and to request such requirements as a separate add-on service.
It is the Client’s sole responsibility to ensure ongoing compliance with all accessibility requirements after the website launches, including compliance for any content, images, videos, documents, or third-party integrations that Client adds to the website.
True Mtn strongly recommends that Client consult with a qualified attorney to determine their accessibility obligations and with an accessibility specialist to ensure compliance.

True Mtn’s Position on Accessibility

UNLESS ACCESSIBILITY COMPLIANCE IS EXPLICITLY INCLUDED AS A SEPARATE ADD-ON SERVICE WITH SPECIFIC WCAG LEVEL REQUIREMENTS AND ASSOCIATED PRICING CONFIRMED IN WRITING BY TRUE MTN:

True Mtn makes NO representations, warranties, or guarantees that any website will comply with ADA, WCAG, Section 508, or any other accessibility standards
True Mtn implements standard web development best practices that may improve accessibility (such as semantic HTML, alt text fields, and keyboard navigation) but these practices DO NOT constitute guaranteed ADA or WCAG compliance
True Mtn is NOT responsible for testing, auditing, or certifying websites for accessibility compliance
True Mtn is NOT responsible for accessibility of third-party plugins, themes, integrations, or content management systems (including WordPress core)

Accessibility as an Add-On Service

If Client requires ADA/WCAG compliance, this MUST be:

Requested in writing before development begins
Confirmed by True Mtn in writing as a separate add-on service with specific compliance level requirements
Priced separately as accessibility compliance requires additional development, testing, and ongoing maintenance
Accompanied by regular accessibility audits (Client’s responsibility to arrange)

True Mtn offers accessibility enhancement services at additional cost. Contact us for pricing and scope details.

Client Indemnification for Accessibility Claims

Client agrees to indemnify, defend, and hold harmless True Mtn, its owners, employees, and agents from any and all claims, demands, lawsuits, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or related to:

Any claim that Client’s website violates the ADA or other accessibility laws
Any accessibility-related lawsuit, demand letter, or regulatory action
Client’s failure to implement or maintain accessibility standards
Client’s failure to inform True Mtn of accessibility requirements
Content, images, videos, documents, or third-party integrations added by Client

This indemnification applies even if the claim alleges that True Mtn’s work contributed to the accessibility issue, UNLESS accessibility compliance was explicitly included as a confirmed add-on service in writing and True Mtn failed to deliver the specified compliance level.

Limitation of Liability for Accessibility

IN NO EVENT SHALL TRUE MTN BE LIABLE FOR ANY DAMAGES, PENALTIES, SETTLEMENTS, OR COSTS ARISING FROM ACCESSIBILITY-RELATED CLAIMS, INCLUDING BUT NOT LIMITED TO ADA LAWSUITS, DEMAND LETTERS, OR REGULATORY ACTIONS, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

This limitation applies even if True Mtn has been advised of the possibility of such claims.

Ongoing Accessibility Maintenance

Accessibility compliance is NOT a one-time achievement but requires ongoing monitoring and maintenance. Even if a website is compliant at launch:

New content added by Client may introduce accessibility issues
WordPress core, theme, and plugin updates may affect accessibility
Changes in legal standards may require updates to maintain compliance
Third-party integrations may not be accessible

CLIENT IS SOLELY RESPONSIBLE FOR ONGOING ACCESSIBILITY COMPLIANCE AFTER LAUNCH.

If Client requires ongoing accessibility monitoring and maintenance, this must be arranged as a separate service agreement with associated fees.

No Guarantee of Compliance

EVEN IF ACCESSIBILITY COMPLIANCE IS INCLUDED AS AN ADD-ON SERVICE, TRUE MTN MAKES NO GUARANTEE THAT THE WEBSITE WILL BE IMMUNE FROM ACCESSIBILITY LAWSUITS OR CLAIMS. Accessibility law is evolving, standards are subject to interpretation, and serial plaintiffs often target businesses regardless of good-faith compliance efforts. True Mtn’s obligation is limited to making good-faith efforts to meet the specified technical standards confirmed in writing.

Client’s Acknowledgment

BY SIGNING UP FOR SERVICES, CLIENT ACKNOWLEDGES THAT:

They have read and understood this Accessibility and ADA Compliance section
They understand that accessibility compliance is NOT included in standard packages unless explicitly purchased as an add-on service
They understand their sole responsibility for determining and maintaining accessibility compliance
They understand the risks of ADA lawsuits and accept full responsibility for such risks
They have been advised to consult with legal and accessibility professionals

ARTIFICIAL INTELLIGENCE (AI) GENERATED CONTENT

Depending on the scope of work for your project, we may utilize text, images, code, or other information generated by Artificial Intelligence systems, collectively referred to as “AI-generated content.” If we elect to use AI-generated content, we will do so in compliance with applicable laws, regulations, and ethical guidelines, and will obtain any necessary permissions or licenses for the use of such content on the website.

Should the Client supply any AI-generated content for inclusion on the website, the Client shall ensure that such content complies with all applicable laws, regulations, and ethical guidelines. The Client shall obtain and provide evidence of all necessary permissions, licenses, and consents required for the use of the AI-generated content.

Website Policies, Privacy Compliance, and Client Acknowledgment

Client acknowledges that Company has informed Client that applicable federal, state, and international laws may require Client’s website to maintain certain legal policies, including but not limited to a Privacy Policy, Cookie Policy, cookie consent banner, Terms of Service, and/or Disclaimer.

Client understands that these policies may be required due to Client’s use of common website features and third-party tools, including but not limited to contact forms, analytics software, advertising tools, embedded media, mapping tools, and other tracking or data-collection technologies.

Client further acknowledges that Company is not a law firm, does not provide legal advice, and does not provide privacy compliance services. Company does not determine which laws apply to Client’s business and does not guarantee that Client’s website complies with any privacy, data protection, or consumer protection laws.

Client is solely responsible for:

Determining which privacy, data protection, and consumer protection laws apply to Client’s business
Obtaining legally compliant website policies
Implementing and maintaining required disclosures, consent mechanisms, and data handling practices
Updating such policies when laws change or new laws are enacted

Company has no obligation to monitor, audit, or verify Client’s legal compliance.

At Client’s request, Company may assist with the implementation or integration of third-party website policy and compliance tools, including but not limited to Termageddon. Client acknowledges that any such tools are owned and operated by third parties, that Client’s relationship with those providers is governed solely by their respective terms and policies, and that Company does not control or warrant the legal sufficiency or effectiveness of such tools. Use of any third-party compliance tool does not guarantee legal compliance.

Client understands and agrees that the decision to implement website policies, utilize a third-party compliance service, or decline such policies entirely is made at Client’s sole discretion and risk.

If Client elects not to maintain legally compliant website policies or consent mechanisms, Client acknowledges that Client may be subject to fines, penalties, lawsuits, regulatory enforcement actions, or other legal consequences, and that Company bears no responsibility for such outcomes.

Client agrees to defend, indemnify, and hold harmless Company and its owners, officers, employees, and contractors from and against any and all claims, damages, fines, penalties, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Client’s failure to maintain legally compliant website policies
Client’s failure to obtain required user consent
Client’s collection, use, storage, or processing of personal data
Any privacy-related claims, investigations, or legal actions involving Client’s website or business

To the fullest extent permitted by law, Company shall not be liable for any damages, penalties, fines, or losses arising from Client’s privacy or legal compliance obligations.

QUESTIONS

If you have any questions about our Terms of Service, please contact us at truemtnmarketing@gmail.com or hello@truemtn.com

END OF TERMS OF SERVICE