Last Updated: 1/1/25
Welcome to MB SERVICES.INC (“Website”). These Terms and Conditions (“Agreement”) govern your use of this Website. The following definitions apply throughout this Agreement:
- “Client” refers to MB SERVICES INC, the business for whom this Website was developed and maintained.
- “Developer” refers to DumartDev LLC, the owner, operator, and maintainer of this Website.
- “User” refers to any individual or entity that accesses, browses, interacts with, or makes use of the Website in any capacity.
By accessing or using this Website, you acknowledge and agree to the following terms:
- GENERAL DISCLAIMER
1.1 Website Maintenance & Content Updates – Developer is responsible for updating and maintaining this Website. However, all content displayed on the Website is approved by the Client.
1.2 Client’s Responsibility for Business Activities – While the Developer manages the Website’s functionality, the Client is solely responsible for the business operations, legal compliance, and interactions with customers or third parties resulting from the Website.
- CLIENT RESPONSIBILITIES
2.1 Approval of Content – The Client is responsible for reviewing and approving all messages, services, pricing, and other content displayed on the Website. Developer is not liable for any inaccuracies, misleading claims, or regulatory compliance issues related to the Client’s content.
2.2 Business & Legal Compliance – The Client is responsible for ensuring their business practices, advertising, and customer transactions comply with all applicable laws and regulations, including consumer protection, data privacy, and industry-specific requirements.
2.3 Third-Party Services & Transactions – Developer does not handle customer interactions, transactions, or agreements between the Client and any third party. The Client assumes full responsibility for all financial, contractual, and legal obligations related to their business.
- LIMITATION OF LIABILITY
3.1 No Legal or Financial Liability – Developer shall not be held liable for any claims, disputes, losses, damages, or legal actions arising from the Client’s business activities, advertising claims, user-generated content, or data handling. The Client assumes full responsibility for any inaccuracies, legal violations, or liabilities related to their business.
3.2 Indemnification – The Client agrees to indemnify and hold harmless Developer from any legal claims, liabilities, costs, or damages related to their business practices, customer disputes, or compliance failures. 3.3 User Limitation of Liability – By using this Website, users (visitors/customers) agree that Developer is not responsible for any transactions, purchases, services, or interactions they engage in with the Client. Developer provides only the website infrastructure and is not liable for business operations, customer disputes, refunds, service issues, or any claims related to the Client’s business.
- WEBSITE MANAGEMENT & MODIFICATIONS
4.1 Ongoing Updates – Developer is responsible for updating, maintaining, and securing the Website as part of the agreed-upon service.
4.2 Content Updates & Approval – Any changes to the Website’s content, including text, images, services, and contact details, must be reviewed and approved by the Client. Developer is not responsible for misrepresentation, misinformation, or outdated details provided or not brought up by the Client.
4.3 Third-Party Integrations – If the Client requests the integration of third-party tools, software, or APIs, Developer is not liable for outages, security breaches, or failures caused by third-party providers. - DATA PRIVACY & SECURITY MEASURES
5.1 User Consent to Data Processing
By using this Website, users agree to the collection, processing, and storage of their data in accordance with the Website’s Privacy Policy. Users acknowledge that their data may be collected through contact forms, cookies, or analytics tools as necessary for the functionality of the Website.
5.2 Developer’s Commitment to Data Security
Developer is responsible for implementing industry-standard security measures, including encryption, firewalls, malware protection, and secure data storage. Additionally, we ensure that the website’s cookie policy complies with GDPR, CCPA, and other applicable data privacy laws, giving users the option to opt in or opt out of cookies before their data is processed.
5.3 No Sale of User Data
Developer and the Client do not sell user data collected through the Website. Any cookies or tracking mechanisms will only process user data with explicit consent, and users will be informed about their data rights.
5.4 Client’s Responsibility for Third-Party Services
If the Client asks to integrate third-party services (e.g., Google Analytics, Facebook Pixel, TikTok Ads, payment processors, or external APIs), Developer is not responsible for how these third parties handle, store, or process user data. Users should refer to the privacy policies of those third-party providers for their data handling practices.
5.5 Developer is Not Responsible for Client’s Data Handling
While Developer ensures data security on the Website, Developer is not responsible for how the Client uses, stores, or protects customer data, including emails, phone numbers, or personal information collected through contact forms or other Website features. The Client is solely responsible for ensuring that collected data is handled securely, used ethically, and complies with applicable data privacy laws.
5.6 Limitation of Liability for Data Breaches
While Developer implements industry-standard security measures, no system is completely immune from cyber threats. Developer is not responsible for security vulnerabilities or breaches caused by third-party services, hosting providers, or integrations installed at the Client’s request. The User understands that, in the event of a third-party data breach, hacking attempt, or unauthorized access, Developer shall not be held liable for any resulting damages, data loss, or regulatory penalties.
6. GOVERNING LAW & DISPUTE RESOLUTION
6.1 Jurisdiction – This Agreement shall be governed by the laws of the State of California, United States, without regard to conflict of law principles.
6.2 Dispute Resolution – Any disputes arising from this Agreement shall be resolved first through negotiation and, if necessary, through binding arbitration in California.
- ACCEPTANCE OF TERMS
By using this Website, both the Client and the User (visitor/customer) acknowledge that Developer is not liable for any business operations, transactions, claims, or disputes arising from the use of the Website. The User agrees that they cannot hold Developer responsible for any business dealings they enter into with the Client.
Developer reserves the right to update this Agreement at any time without prior notice. Continued use of the Website constitutes acceptance of any modified terms.
