Governing Law and Dispute Resolution

1. Scope

This document explains which law governs, where disputes are heard, and how disputes are handled between Acadia Marketing LLC, a Maine limited liability company ("Acadia Marketing LLC", "we", "us"), and anyone who uses or relies on our services or on acadiamarketingmaine.com and any page, subdomain or transfer page that we operate or issue to clients (collectively, the "Sites"). It applies to our website design and development, website hosting, domain name management, email setup, search and advertising management, and client website and domain transfer services, and to any claim arising out of or relating to them or to the Sites.

2. Governing Law

These terms, the Sites, and every dispute, claim or controversy arising out of or relating to them or to our services are governed by the laws of the State of Maine, without regard to its conflict-of-laws rules. Where a written agreement between us and a client says otherwise on a particular point, that agreement controls on that point.

3. Informal Resolution First

Most concerns can be resolved by a direct conversation. Before starting any court proceeding, a party who believes a dispute exists must first send written notice to the other party describing the issue, the facts relied on and the outcome sought. Notices to us go to info@acadiamarketingmaine.com, with a copy by mail to Acadia Marketing LLC, 218 Pond Road, Wilton, ME 04294. We may also be reached by telephone at (207) 716-9079, but a telephone call alone is not written notice.

After notice is given, the parties will make a good-faith effort to resolve the matter through discussion, which may include a call or exchange of documents. Statements made during these discussions are made for settlement purposes only and may not be used as evidence of liability. If the matter is not resolved informally within a reasonable time, either party may proceed as described below.

4. Venue and Jurisdiction

Any action that is not resolved informally must be brought exclusively in the state or federal courts located in Cumberland County, Maine. Each party consents to the personal jurisdiction of those courts and waives any objection that the venue is inconvenient or improper. This section does not prevent a party from enforcing a judgment in any other place.

5. Waiver of Jury Trial

To the fullest extent permitted by applicable law, each party knowingly and voluntarily waives any right to a trial by jury in any action arising out of or relating to these terms, our services or the Sites. If a court of competent jurisdiction determines that this waiver cannot be enforced, the dispute will be decided by the court to the extent the law allows.

6. Individual Claims

To the extent permitted by law, claims may be brought only in a party's individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.

7. Security Matters and Equitable Relief

Transfer pages are issued to a named designated recipient, are protected by an access code, and may contain domain transfer (EPP) codes and website source files. Visits and downloads are logged with date, time, IP address and browser for security. Misuse of an access code, transfer code or file may cause harm that money alone cannot repair. Either party may therefore ask a court in Cumberland County, Maine, for an injunction or other equitable relief to protect codes, files, accounts or domain names, without first completing the informal process in Section 3.

8. Severability

If any provision of these terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force and effect.

9. Entire Agreement

These terms, together with our other legal notices on the Sites and any written agreement signed or accepted by a client, are the entire agreement concerning their subject matter and replace earlier oral or written understandings about it. Hosting of client sites continues under the existing agreements. A change to these terms is effective only if made in writing by Acadia Marketing LLC.

10. Assignment

A client may not assign or transfer rights or obligations under any agreement with us without our prior written consent, and any attempted assignment without consent is void. We may assign our rights and obligations to an affiliate or to a successor to our business. These terms bind and benefit permitted successors and assigns. A transfer of a domain name to another registrar does not by itself assign any other right or obligation.

11. No Waiver

Our failure or delay in exercising any right or remedy is not a waiver of it, and a single or partial exercise does not prevent further exercise. A waiver is effective only if it is in writing and signed or sent by Acadia Marketing LLC, and applies only to the specific instance stated.

12. Survival

Sections that by their nature should continue will survive the end of any service, agreement or use of the Sites. These include the provisions on governing law, informal resolution, venue, jury waiver, individual claims, severability, entire agreement, assignment, no waiver, and this section, as well as any payment, confidentiality, ownership and limitation provisions in other agreements.

13. Contact

Questions about this document or notices under it may be sent to Acadia Marketing LLC, 218 Pond Road, Wilton, ME 04294, or by email to info@acadiamarketingmaine.com.