Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and MNJ CREATIVE SOLUTIONS, LLC, doing business as Mart Story, concerning your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

Services Description

Mart Story provides professional computer systems design and related technical services, including but not limited to computer integrated systems design, technical consulting, custom software development, infrastructure optimization, data analytics, and cybersecurity solutions. Our services are provided to businesses and organizations within the professional, scientific, and technical services sector.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

User Accounts and Registration

Certain features of our services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Intellectual Property Rights

All content, features, and functionality on our website, including but not limited to text, graphics, logos, images, software, and design elements, are owned by MNJ CREATIVE SOLUTIONS, LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes. This license does not include any right to resell or commercial use of our services or content, any collection or use of product listings or descriptions, any derivative use of our services or content, or any use of data mining, robots, or similar data gathering and extraction tools.

Client Work Product

Upon full payment for services rendered, you will own the deliverables specifically created for you as part of our engagement, subject to any third-party licenses or pre-existing intellectual property. We retain ownership of our methodologies, tools, templates, and general knowledge developed independently of your project.

Service Terms and Conditions

Engagement Process

Professional services engagements are governed by separate written agreements that specify the scope of work, deliverables, timelines, fees, and other project-specific terms. These Terms of Service supplement but do not replace those engagement-specific agreements.

Fees and Payment

Fees for our services are specified in individual service agreements or proposals. Payment terms, including due dates, accepted payment methods, and late payment penalties, will be outlined in your service agreement. All fees are non-refundable unless otherwise specified in writing.

Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will make reasonable efforts to notify you of significant changes that may affect your use of our services.

User Responsibilities and Conduct

When using our services, you agree to:

• Provide accurate and complete information as requested
• Comply with all applicable laws and regulations
• Respect intellectual property rights
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorized access to our systems
• Not use our services for any unlawful or fraudulent purpose
• Cooperate with us in good faith during service delivery
• Provide timely feedback and approvals as needed for project completion

Confidentiality

Both parties acknowledge that during the course of our business relationship, confidential information may be disclosed. Each party agrees to maintain the confidentiality of such information and use it only for the purposes of the business relationship. This obligation survives the termination of our services.

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If services fail to meet this warranty, your exclusive remedy is for us to re-perform the deficient services at no additional charge.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNJ CREATIVE SOLUTIONS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless MNJ CREATIVE SOLUTIONS, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Term and Termination

These Terms remain in effect while you use our services. We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our services will immediately cease.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sacramento, California. Each party shall bear its own costs and expenses, including attorneys' fees.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new Last Updated date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with any service-specific agreements and our Privacy Policy, constitute the entire agreement between you and MNJ CREATIVE SOLUTIONS, LLC regarding our services and supersede all prior agreements and understandings.

Contact Information

For questions about these Terms of Service, please contact us:

Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.