Disclaimers

1. Scope

This document applies to acadiamarketingmaine.com and to any page, subdomain or transfer page that Acadia Marketing LLC, a Maine limited liability company, operates or issues to clients (together, the "Sites"), and to the services we provide through them: website design and development, website hosting, domain name management, email setup, search and advertising management, and client website and domain transfer services (the "Services"). It supplements any written agreement between us and a client; if they conflict, the signed agreement controls.

2. As-Is Basis

The Sites and the Services are provided on an "as is" and "as available" basis. We do not represent that the Sites will be uninterrupted, secure or error-free, or that any content, file or tool on them will be complete, current or suitable for a particular purpose.

3. No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, ACADIA MARKETING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY.

No advice or information, whether oral or written, obtained from us or through the Sites creates a warranty that is not expressly stated in a written agreement.

4. Third-Party Services

Delivering the Services depends on companies and systems we do not own or control, including domain registrars, domain registries, hosting and content delivery providers, email providers, payment processors, analytics tools, search engines, advertising platforms and mapping or review services. Those providers set their own terms, policies, fees and technical limits.

• We are not responsible for the acts, omissions, outages, policy changes or decisions of any third party.
• A third party may suspend an account, reject an advertisement, refuse a transfer, delay a record update or change how its platform operates, and we cannot guarantee any particular result from a third party.

5. Downtime, Data Loss and Third-Party Actions

Websites, servers, networks, domain name systems and email delivery can fail or slow down for reasons outside our control, including provider outages, network interruptions, software defects, cyberattacks and upstream maintenance. We make reasonable efforts to maintain the systems we operate, but we do not guarantee uptime, speed, delivery or availability.

We are not liable for downtime, delayed or undelivered email, loss or corruption of data, loss of files or content, or unauthorized access that results from causes outside our reasonable control or from the actions of third parties, including criminal acts. Clients remain responsible for keeping their own copies of content, files and records. Hosting of client sites continues under the existing agreements.

6. Transfer Pages, Codes and Files

A transfer page is issued to a named designated recipient, is protected by an access code, and may contain domain transfer (EPP) codes and website source files. Visits and downloads are logged with the date, time, IP address and browser for security. Anyone who receives an access code, transfer code or file is responsible for keeping it confidential and for using it only as authorized.

• We are not liable for use of a code or file by anyone who obtained it through the designated recipient or through the designated recipient's own systems, devices or accounts.
• A transfer code moves a domain to another registrar. After a transfer is completed, the domain and its renewals belong to the new registrant, and we have no further responsibility for that domain.
• Registry and registrar rules determine whether, when and how a transfer completes. We do not control those rules.

7. No Assurance of Outcomes

Search rankings, traffic, leads, calls, sales, advertising performance and similar results depend on many factors outside our control, including search engine algorithms, competition, market conditions, budgets and the client's own business practices. Nothing on the Sites or in the Services is a promise or guarantee of any particular result.

8. Limitation of Liability

To the fullest extent permitted by law, the total liability of Acadia Marketing LLC, and of its members, managers, employees, contractors and agents, for all claims arising out of or relating to the Sites or the Services, whether in contract, tort (including negligence), statute or otherwise, will not exceed the amount the claiming party actually paid to us for the specific Service that gave rise to the claim. For free content or free use of the Sites, our total liability is limited to the minimum amount the law allows.

9. Exclusions

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, lost data or the cost of substitute services, even if we were told such damages were possible. Nothing in this document limits liability that cannot lawfully be limited, including liability for fraud or willful misconduct.

10. Basis of the Bargain

The disclaimers, exclusions and limits in this document reflect a deliberate allocation of risk between us and the people who use the Sites and the Services. They are an essential basis of the bargain, and our fees and terms are set in reliance on them.

11. Severability and Governing Law

If any provision of this document is found unenforceable, it will be applied to the greatest extent allowed and the remaining provisions will stay in effect. This document is governed by the laws of the State of Maine, without regard to its conflict-of-laws rules. Any dispute arising from it will be brought in the state or federal courts located in Cumberland County, Maine, and each party consents to that venue.

12. Contact

Acadia Marketing LLC, 218 Pond Road, Wilton, ME 04294. Phone: (207) 716-9079. Email for all notices: info@acadiamarketingmaine.com.