Terms of Service

1. Services, Orders, and Scope

We provide website planning, strategy, design, development, implementation, website care, third-party infrastructure coordination, website maintenance, and related digital services.

The specific scope of your project is determined by the plan, invoice, approved checkout link, written estimate, proposal, statement of work, or written agreement applicable to your purchase (collectively, the “Order”).

No service, feature, revision, update, page, design option, consulting service, marketing service, legal compliance service, technical support, integration, or deliverable is included unless it is expressly stated in the applicable Order or these Terms.

Any work outside the agreed scope is considered additional work and may require a separate written approval, additional fee, and additional production time.

2. Order of Precedence

If there is a conflict between these Terms and a written Order, the following order controls:

1. a signed written agreement, if any;
2. a written proposal, statement of work, or invoice accepted by you;
3. the approved checkout link applicable to your purchase;
4. these Terms;
5. general website descriptions, plan summaries, marketing materials, or informal communications.

General website descriptions and marketing materials are intended to summarize services. They do not expand the scope of your Order unless expressly included in writing.

3. Professional Tools and Development Process

We may use professional software tools, coding workflows, design systems, reusable components, development frameworks, automation, testing tools, internal templates, and other efficiency tools to provide the Service.

You are purchasing the final service and deliverables described in your Order. You are not purchasing access to our internal tools, source files, repositories, prompts, workflows, production methods, draft files, or development systems unless we expressly agree otherwise in writing.

4. Client Responsibilities

You agree to provide all information, content, materials, access, feedback, and approvals reasonably required for us to perform the Service. This may include business information, website content, photos, logos, brand preferences, domain access, hosting access, account access, login credentials, service descriptions, prices, links, policies, and written approvals.

You are responsible for ensuring that all materials you provide are accurate, complete, lawful, and properly licensed. You represent that you own or have permission to use all content, images, logos, trademarks, videos, text, data, and other materials you provide.

You are responsible for reviewing and approving the final website, including spelling, grammar, pricing, contact information, legal notices, business claims, policies, disclaimers, regulated-industry language, and any other content displayed on the website.

Client delays, incomplete materials, unclear instructions, late approvals, changed direction, unavailable third-party accounts, or lack of access may delay the project and may require additional fees.

5. Communication, Approvals, and Official Notices

Official project approvals, cancellation requests, change requests, and material instructions must be provided in writing by email unless we expressly agree to another written method.

Messages sent through text message, social media, verbal conversation, or informal channels may be used for convenience, but they are not considered official approvals, cancellation requests, or change orders unless confirmed by email or another written method accepted by us.

You are responsible for monitoring the email address you provide to us. We are not responsible for delays caused by missed emails, spam filtering, unavailable inboxes, incorrect email addresses, or delayed client responses.

6. Delivery Estimates and No Guaranteed Turnaround

We aim to complete work promptly and professionally. However, all delivery dates, launch dates, update times, review times, and completion estimates are non-binding estimates unless we expressly agree in writing to a specific guaranteed deadline.

For many standard website projects, the initial draft stage, including any included initial design draft options, is typically targeted around five business days after we receive the required payment, content, access, and project materials. This is an average estimate only and is not a guarantee.

For eligible website care plans that include basic content updates, requested updates are typically targeted within approximately one to two business days after we receive complete and final instructions, content, links, and materials. This is an average estimate only and is not a guarantee.

Actual timing may vary based on project size, complexity, workload, availability, client response time, third-party delays, technical issues, holidays, emergencies, requested changes, or other circumstances.

Rush work, guaranteed deadlines, same-day work, weekend work, or work outside normal availability is not included unless separately agreed in writing and may require additional fees.

7. Project Drafts, Revisions, and Approval

Unless a different revision limit is stated in your Order, a standard website build includes up to two reasonable revision rounds before launch.

A revision round means one consolidated set of requested changes submitted at the same time after reviewing a draft. Revisions must be within the original project scope.

Revision rounds do not include new pages, new sections, new features, major redesigns, changed business direction, new branding, new integrations, large content replacement, custom functionality, or changes that substantially alter the original scope.

Additional revision rounds, repeated direction changes, reversals, delayed feedback, or rework caused by incomplete or incorrect client materials may require a separate quote or additional fees.

If you approve a draft, approve a launch, request that the website go live, use the website publicly, or fail to provide requested feedback within seven calendar days after we request review, the applicable work may be considered accepted unless you notify us in writing of a specific issue within that period.

Acceptance does not waive your right to request eligible updates under an active website care plan, but it does mean the initial build or applicable phase is considered complete.

8. Fees, Payments, Refunds, Third-Party Costs, and Taxes

Unless otherwise stated in the Order, fees are due upfront. We may pause, delay, or decline to begin work until payment is received.

All payments made to us are final and non-refundable except where a refund is required by applicable law or expressly agreed by us in writing. Website planning, strategy, design, setup, administration, communication, and technical work may begin shortly after payment. For that reason, setup fees, custom work fees, add-on fees, and service fees are not refundable if you cancel, delay, change direction, stop responding, or decide not to proceed.

You are responsible for all third-party costs required for or selected by your project, including domain registration, hosting upgrades, premium software, fonts, stock media, plugins, email services, databases, payment processors, APIs, subscriptions, integrations, and other vendor fees.

Third-party products and services are separate from our fees and services. Third-party providers are independent companies with their own terms, policies, billing practices, outages, refunds, taxes, disputes, account holds, chargebacks, and processing rules. We are not responsible for third-party fees, outages, decisions, account restrictions, failed transactions, delayed transactions, or refunds owed by third-party providers.

You are responsible for any applicable taxes, duties, governmental charges, or similar fees.

9. Payment Disputes and Chargebacks

If you believe there is a billing issue, you agree to contact us first and allow a reasonable opportunity to review and resolve the issue.

If you initiate a chargeback, payment dispute, payment reversal, or similar action without first attempting to resolve the issue with us, we may pause all work, support, updates, website care, maintenance, and access to services until the dispute is resolved.

You remain responsible for any unpaid amounts, non-refundable fees, third-party costs, chargeback fees, collection costs, and reasonable costs we incur in responding to a payment dispute, to the extent permitted by law.

A payment dispute does not transfer ownership of source code, repositories, design files, development files, third-party accounts, technical systems, or other materials not expressly transferred under these Terms.

10. Website Care Plans and Included Services

Website care plan features are limited to the specific features listed for the plan you purchase. Website care plans are intended to support setup, configuration, monitoring, maintenance, reporting, and limited improvement of an existing website. They are not unlimited design, development, consulting, copywriting, marketing, SEO, or technical-support plans.

Website care plans may rely on third-party infrastructure and providers, such as Cloudflare or other vendors, for hosting-related infrastructure, DNS, CDN, SSL, security, analytics, forms, or other technical services. We coordinate and manage the agreed website care scope, but we do not own or control those third-party platforms.

Plan features and fees are shown in an approved checkout link, invoice, proposal, or written Order. If there is a conflict between general website descriptions and a written Order, the written Order controls for that purchase.

10.1 Essential Website Care

Essential Website Care is best for a simple website that needs to stay live, connected, and functioning at its approved launch quality. It maintains launch-level quality as browsers, devices, and connected services evolve.

Essential Website Care includes managed hosting infrastructure, SSL certificate management, standard security protections, domain connection support, essential technical maintenance, browser and device compatibility fixes, reported broken buttons, links, or website functions, and a 30-day launch grace period.

For Essential Website Care, covered layout, functionality, connection, and availability issues will be corrected when reported. You must report technical, compatibility, connection, or performance issues for review and support. Proactive monitoring is not included. Essential Website Care does not include ongoing content updates, design changes, SEO work, monthly reports, custom development, new pages, troubleshooting of unrelated third-party accounts, or advanced support unless separately purchased.

10.2 Monitor Website Care

Monitor Website Care includes the features of Essential Website Care, plus basic monthly website health review, basic monthly performance summary, Google Analytics setup when applicable, Google Search Console setup when applicable, and basic issue review based on health-check results.

Monitor reports are simple performance summaries, not full marketing audits, SEO audits, accessibility audits, legal audits, or conversion audits.

Monitor Website Care does not include ongoing content updates unless separately stated in writing.

10.3 Managed Website Care

Managed Website Care includes the features of Monitor Website Care, plus up to two basic update requests per calendar month.

A basic update request is limited by the standards in Section 11. Unused update requests do not roll over, have no cash value, and cannot be transferred to another month, website, client, business, or project.

Managed Website Care may include standard technical optimization and basic on-page SEO adjustments when relevant and within the existing website structure. It does not include advanced SEO campaigns, guaranteed ranking improvements, advertising, content strategy, copywriting, redesigns, new functionality, new pages, or structural website changes unless separately agreed in writing.

10.4 Store Care

Store Care includes the features of Monitor Website Care, plus hands-off product catalog management for up to two new or substantially updated product listings per calendar month based on product information and photographs you provide.

Store Care may include product additions, edits, removals, sold-out updates, product titles and descriptions based on provided information, basic photo preparation, cropping, resizing, visual enhancement, and price, category, availability, and product-link updates. Unused product listing updates do not roll over and do not include new product photography, product research, inventory management, fulfillment, e-commerce platform fees, advanced copywriting, or custom store development unless separately agreed in writing.

10.5 Performance Website Care

Performance Website Care includes the features of Managed Website Care, plus seasonal visual refresh support upon request up to four times per calendar year, more detailed monthly performance reporting when applicable, button-click tracking for key actions when applicable, SEO health checks, standard SEO optimization within the existing website structure, and priority support queue placement.

Priority support means your eligible request is placed ahead of non-priority requests when reasonably possible. It does not guarantee same-day completion, emergency support, after-hours support, weekend support, or a specific turnaround time.

Seasonal visual refresh support is limited by Section 12. Unused seasonal refreshes do not roll over, have no cash value, and cannot be transferred to another year, website, client, business, or project.

11. Basic Update Request Standards

A “basic update request” means one reasonably related set of non-structural changes to existing website content.

Examples of small item changes may include correcting text, replacing an image you provide, updating a button label, updating a link, changing business hours, updating contact information, posting a simple announcement, or making a small promotion/banner text change.

As an internal scope guideline, one basic update request is generally intended for changes requiring up to approximately 30 minutes of production time or up to five small item changes, whichever limit is reached first. You are not expected to calculate production time. We use this guideline to determine whether a request is included, should be divided into multiple requests, or should be quoted separately.

You must provide complete, final, ready-to-use content, including text, images, links, dates, prices, names, instructions, and any required approvals. Included update requests do not include time for writing new copy, rewriting incomplete content, creating graphics, editing photos, searching for assets, researching your business, troubleshooting third-party accounts, clarifying unclear instructions, or making repeated direction changes.

Each basic update request includes one implementation pass based on the materials and instructions you provide. Additional revisions, reversals, repeated changes, new instructions after implementation, or rework caused by incorrect or incomplete client-provided materials may count as a separate update request or may be billed as custom work.

Included basic updates do not include new pages, new sections, redesigns, layout restructuring, custom features, advanced integrations, e-commerce, membership systems, booking systems, databases, animation work, brand identity work, logo design, original copywriting, large content uploads, bulk product or service entry, advertising work, advanced SEO, legal writing, compliance writing, accessibility audits, emergency support, or requests that substantially change the purpose, structure, style, or functionality of the website.

If a request appears to exceed the included scope, we will let you know before starting and may divide the request into multiple update requests, quote it as custom work, or decline it. We do not retroactively charge additional hourly fees for an included update request that we reviewed, accepted, and completed as included, unless the scope changes after approval or the information provided by the client was inaccurate, incomplete, or materially different from what was approved.

12. Seasonal Visual Refresh Standards

Seasonal visual refresh support, when included in your plan, means a reasonable light visual update to an existing website area to reflect a season, holiday, campaign, announcement, featured service, event, or promotion.

Examples may include holiday accents, seasonal color or theme adjustments, a featured service highlight, a campaign banner, a simple event highlight, a limited homepage visual refresh, or a promotion section update.

As an internal scope guideline, each seasonal visual refresh is generally intended for a reasonable theme or visual update requiring up to approximately 120 minutes of production time. You are not expected to know how much time the request will take. We use this guideline to determine whether the request is included or whether it should be quoted separately.

Before beginning a seasonal visual refresh, we may review the request and let you know whether it appears to be included in your plan or whether it requires a separate quote. If we accept the request as an included seasonal visual refresh, we will follow the agreed plan and will not charge additional hourly fees only because the work took more time than expected, unless the scope changes after approval or the information provided by the client was inaccurate, incomplete, or materially different from what was approved.

Seasonal visual refresh support does not include a full redesign, new website concept, new page, new landing page, new brand identity, custom illustration package, logo design, advanced animation, campaign strategy, ad design, copywriting package, video editing, product photography, complex graphics, new functionality, or structural website changes.

If a requested refresh would require changing the entire website, rebuilding major sections, creating new features, or substantially changing the website’s structure, style, or functionality, it will be treated as custom work and quoted separately before work begins.

13. Custom Work and Change Orders

Work outside the included scope may be quoted separately or billed at our custom work rate.

Unless otherwise agreed in writing, custom work and additional pages are billed at the rate or fixed fee stated in the applicable written quote, invoice, proposal, or Order. We may require payment before beginning custom work.

Examples of custom work include additional pages, new sections, redesigns, custom forms, integrations, e-commerce, booking systems, databases, backend functionality, membership systems, custom dashboards, large content uploads, copywriting, SEO campaigns, branding, logo design, accessibility work, legal or compliance work, emergency fixes, troubleshooting third-party accounts, and advanced technical support.

We are not obligated to begin out-of-scope work unless the scope, timing, and fee are accepted in writing.

If we approve a fixed quote for custom work, the approved quote applies to the scope described in that quote. If the scope changes, if new requirements are added, or if client-provided information is materially incomplete or inaccurate, a new quote or additional fee may be required.

14. Add-Ons

Add-ons are only included when purchased or expressly included in your Order.

The basic SEO setup add-on is a one-time setup service and does not include ongoing SEO campaigns, backlink building, blog writing, ranking guarantees, traffic guarantees, lead guarantees, or sales guarantees.

The signup integration add-on connects a signup form to a supported destination such as a shared Google Sheet or supported newsletter platform. Promotional email writing, email campaign management, email sending, audience management, compliance review, deliverability management, and newsletter strategy are not included unless separately agreed in writing.

The AI-assisted hero video add-on includes one short hero background video, typically around 6 to 10 seconds, designed to match the website style and optimized for website use with desktop and mobile-friendly placement. Unless otherwise agreed in writing, it includes one to two revision rounds and does not include unlimited revisions, full video production, filming, voiceover, audio licensing, custom animation packages, multiple videos, advertising videos, social media video packages, or guaranteed performance results.

E-commerce, complex forms, databases, booking systems, memberships, customer portals, and custom software features require custom pricing based on requirements.

15. Domains, DNS, and Third-Party Accounts

You are responsible for maintaining ownership, access, and payment for your domain name unless we expressly agree otherwise in writing.

Domain registration, domain renewal, DNS management, email hosting, business email accounts, third-party software subscriptions, and related services may be provided by third-party companies and are governed by their own terms.

We are not responsible for domain expiration, domain loss, DNS errors, email interruption, account lockouts, registrar issues, provider outages, or third-party account restrictions caused by third-party providers, client actions, missed payments, unavailable credentials, or circumstances outside our reasonable control.

If we assist with domain connection, DNS setup, analytics setup, email-related records, or third-party account configuration, our assistance is limited to the agreed scope and does not make us responsible for the ongoing operation of those third-party accounts unless expressly agreed in writing.

16. Website Forms, Email, and Data Collection

Website forms may depend on third-party form providers, email services, spam filters, DNS settings, and recipient inbox settings. We do not guarantee that every form submission, email notification, or automated message will be delivered, received, or read.

You are responsible for regularly monitoring your inbox, spam folder, connected spreadsheet, form provider account, CRM, or other destination where submissions are sent.

Unless we expressly agree in writing to build a compliant secure system for sensitive data, you agree not to collect highly sensitive information through standard website forms, including medical information, full Social Security numbers, payment card numbers, passwords, government identification numbers, or other sensitive regulated data.

You are responsible for determining what privacy policy, cookie notice, consent language, recordkeeping process, or data-handling procedure your business requires.

17. SEO, Performance, Accessibility, and Results

We may provide basic SEO setup, standard SEO optimization, performance optimization, analytics setup, reporting, or related recommendations when included in your plan or Order.

We do not guarantee search rankings, traffic, leads, sales, conversions, revenue, page speed scores, accessibility compliance, legal compliance, or any specific business outcome.

Website performance depends on many factors outside our control, including third-party scripts, images, hosting infrastructure, browsers, user devices, internet connections, DNS providers, analytics tools, plugins, APIs, and client-provided content.

Unless separately agreed in writing, our services do not include formal accessibility audits, ADA compliance audits, privacy-law compliance reviews, industry-specific legal compliance, HIPAA compliance, PCI compliance, tax advice, financial advice, legal advice, or regulated-industry review.

18. Browser, Device, and Display Compatibility

We aim to build websites that function properly on commonly used modern browsers and standard screen sizes within the agreed project scope.

We do not guarantee identical appearance or functionality across every browser, device, operating system, screen size, accessibility setting, browser extension, outdated browser version, or unusual device configuration.

Compatibility fixes outside the original scope, or issues caused by third-party scripts, browser changes, provider updates, unsupported devices, or client-added content, may require additional work.

19. Website Care, Third-Party Infrastructure, Security, Backups, and Availability

We use commercially reasonable efforts to support website care, third-party infrastructure coordination, security, performance, and availability within the scope of your selected plan. However, no website, hosting environment, software system, or third-party platform can be guaranteed to be uninterrupted, error-free, immune from attacks, or permanently available.

We are not responsible for downtime, data loss, security incidents, DNS issues, outages, provider changes, provider restrictions, malware, unauthorized access, browser issues, device issues, internet issues, or other problems caused by third-party providers, client actions, compromised credentials, outdated third-party accounts, or circumstances outside our reasonable control.

Backup availability, restoration options, and retention periods are not guaranteed unless expressly included in your Order. You should keep independent copies of important business content, images, documents, customer information, and records.

Emergency support, after-hours support, malware cleanup, restoration from client-caused issues, and recovery from third-party failures are not included unless separately agreed in writing.

20. Ownership and Intellectual Property

20.1 Your Materials

You retain ownership of materials you provide, such as your business name, logo, text, photos, videos, trademarks, and other client-owned content. You grant us a limited, non-exclusive license to use those materials as needed to provide the Service.

You are responsible for ensuring that you have the right to use all materials you provide.

20.2 Managed Website Access

After we receive full payment for the applicable Order, and while your website care plan with us remains active and in good standing, we provide access to the completed website as a managed website service for your business use.

You own the content and materials you provided. You may use the live website for your business while the applicable website care and service plan remains active.

Unless expressly agreed in a separate written agreement signed by us, we do not transfer ownership of source code, repositories, build files, editable design files, deployment configurations, server-side code, database structures, templates, internal tools, reusable components, development systems, or technical files.

If your website care plan ends, is canceled, is not renewed, or is not paid, the website may stop being publicly available after the current paid billing cycle. Moving the website to another host, exporting code, transferring repositories, providing deployable files, or assisting with migration is not included unless expressly agreed in writing.

20.3 Drafts and Rejected Concepts

Drafts, rejected design directions, unused concepts, proposals, estimates, strategy notes, internal files, and unpaid work remain our property unless expressly agreed otherwise in writing.

20.4 Background Materials

We retain ownership of our pre-existing and reusable materials, including code libraries, design systems, templates, components, layouts, workflows, automation, documentation, internal tools, processes, know-how, and other materials not created exclusively for your project.

We may reuse, adapt, modify, license, and improve Background Materials for other clients and projects.

20.5 License to Embedded Background Materials

If Background Materials are included in your completed website, we grant you a limited, non-exclusive, worldwide, royalty-free license to use those Background Materials only as incorporated into the completed website for your own business purposes while your website remains active and in good standing.

This license does not give you ownership of the Background Materials or the right to extract, resell, redistribute, sublicense, copy, reuse, or transfer them separately.

20.6 No Work Made for Hire

Unless we expressly agree in a separate written agreement signed by us, the Service and project outputs are not “work made for hire.” Any transfer or license of rights is limited to the rights expressly stated in these Terms and the applicable Order.

20.7 Third-Party Materials

Third-party assets and services, including open-source libraries, fonts, stock media, software platforms, APIs, plugins, and hosting providers, are governed by their own licenses and terms. You are responsible for complying with any applicable third-party license requirements, subscriptions, usage limits, and attribution obligations.

21. Portfolio Use

Unless you request otherwise in writing, you grant us permission to display your project, business name, logo, website link, screenshots, and general project description in our portfolio, website, social media, proposals, and marketing materials.

If you request confidentiality in writing, we will make reasonable efforts to comply going forward.

22. Acceptable Use

You agree not to use the Service or website for unlawful, deceptive, abusive, harmful, infringing, or high-risk activities. This includes malware, phishing, scams, spam, unlawful data collection, infringement of third-party rights, false or deceptive claims, harassment, illegal products or services, or attempts to interfere with the security or operation of our systems or third-party providers.

We may suspend or terminate service if we reasonably believe your website, content, business activity, requested work, or use of the Service creates legal, technical, security, reputational, operational, or third-party provider risk.

23. Inactive Projects and Client Delays

If you do not provide required materials, feedback, access, or approvals, we may pause the project.

If a project remains inactive due to client delay for 30 days or more, we may place the project on hold. Restarting the project may require rescheduling based on availability and may require a restart fee or updated pricing.

If a project remains inactive for 60 days or more due to client delay, we may close the project. Payments remain non-refundable, and any remaining work may require a new Order.

24. Monthly Billing, Cancellation, Suspension, and Termination

Monthly website care plans continue until canceled. To cancel a monthly website care plan, you must notify us by email at info@buildyoursnow.com.

Cancellation requests should be sent before the next billing date to avoid renewal. Unless otherwise stated in writing, monthly website care fees are not prorated or refunded after renewal.

If a website care plan is canceled after a monthly payment has already been made, the website may remain live through the end of the current paid billing cycle, unless continued service creates legal, security, operational, payment, chargeback, or third-party provider risk.

After the current paid billing cycle ends, the website may stop running live online, and we are not required to continue maintaining, updating, restoring, supporting, or coordinating third-party infrastructure for the website unless a new website care or service agreement is active and paid.

We may pause updates, support, maintenance, or project work if your account is unpaid, past due, disputed, charged back, canceled, or not in good standing.

Upon termination or cancellation, you remain responsible for fees incurred before termination and for any non-cancelable third-party costs.

25. Third-Party Services

The Service may rely on third-party platforms, tools, and providers, including hosting providers, DNS providers, domain registrars, analytics tools, search tools, form providers, email services, payment processors, APIs, stock media providers, and other vendors.

Third-party providers may change, suspend, discontinue, restrict, or charge for their services at any time. We are not responsible for third-party outages, errors, restrictions, price changes, account suspensions, policy changes, data loss, delivery failures, security issues, or acts or omissions.

26. Electronic Records and Agreement

You agree that these Terms, Orders, invoices, approvals, checkout confirmations, and other records may be provided and accepted electronically.

Your electronic acceptance, payment, written approval, email confirmation, or use of the Service may be treated as acceptance of these Terms and the applicable Order.

You are responsible for keeping copies of invoices, receipts, approvals, and other records related to your purchase.

27. Disclaimer of Warranties

To the maximum extent permitted by law, the Service, hosted website access, website content, reports, recommendations, and project outputs are provided on an “as is” and “as available” basis.

We do not warrant that the Service will be uninterrupted, error-free, secure, compatible with every browser or device, free from defects, or that the website will achieve any particular result, including sales, leads, rankings, conversions, traffic, revenue, performance scores, or business growth.

28. Limitation of Liability

To the maximum extent permitted by law, Secure Memories, LLC, doing business as BUILDYOURSNOW, and its owners, employees, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, business, goodwill, reputation, opportunities, or expected savings.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amount you paid to us for the specific Order giving rise to the claim during the three months immediately preceding the event giving rise to the claim.

29. Indemnification

You agree to defend, indemnify, and hold harmless Secure Memories, LLC, doing business as BUILDYOURSNOW, and its owners, employees, contractors, affiliates, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your materials, content, images, claims, products, services, or business practices;
2. your use of the Service or website;
3. your breach of these Terms;
4. your violation of any law or third-party right;
5. your failure to provide accurate information, proper rights, required approvals, or legally required disclosures;
6. third-party claims related to your website, business, products, services, or content; or
7. your collection, storage, use, or handling of customer, visitor, subscriber, or lead information.

30. Dispute Resolution, Governing Law, Venue, and Class Action Waiver

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms, the Service, or any Order must be brought in the state courts located in Collier County, Florida, or the federal courts serving Collier County, Florida, unless applicable law requires otherwise.

To the extent permitted by law, you and we agree to bring disputes only in an individual capacity and not as a plaintiff, class member, or representative in any class action, collective action, or representative proceeding.

31. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on our website with an updated “Last Updated” date.

Your continued use of the Service after updated Terms are posted constitutes acceptance of the updated Terms.

For active Orders, the version of the Terms in effect at the time of purchase generally applies to that Order unless the updated Terms are required by law, relate to website care or ongoing services, address security or provider requirements, or are otherwise accepted by you.

32. Severability

If any part of these Terms is found unenforceable, invalid, or unlawful, the remaining sections will continue in effect to the maximum extent permitted by law.

33. No Waiver

Our failure to enforce any part of these Terms does not waive our right to enforce that part or any other part later.

34. Contact

Questions, cancellation requests, and official notices may be sent to:

Secure Memories, LLC DBA BUILDYOURSNOW Naples, Florida, USA Email: info@buildyoursnow.com