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Terms of Service

Last updated: May 1, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Pumpkin LLC dba Monterey Website Design ("Company," "we," "us," or "our"), concerning your access to and use of our website (montereywebsitedesign.com) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and our web design, development, hosting, and related services (collectively, the "Services").

By accessing the Site or using our Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and Services and you must discontinue use immediately.

2. Company Information

Pumpkin LLC dba Monterey Website Design
5 Harris Court, Suite N4C, Monterey, CA 93940
Phone: (831) 855-1005
Email: build@montereywebsitedesign.com

3. Services Description

Monterey Website Design provides web design, web development, search engine optimization (SEO), CRM integration, business automation, AI-powered workflow support, hosting, maintenance, and related digital services for small and medium-sized businesses. Our service offerings include but are not limited to:

  • Custom website design and development
  • Professional copywriting and content creation
  • Search engine optimization (SEO) setup and management
  • Google Business Profile management
  • CRM setup, integration, and management
  • Lead routing and follow-up automation
  • Business process automation
  • AI agent development and deployment
  • Website hosting and maintenance
  • Ongoing website updates and support
  • Digital advertising integration and management

4. Service Process and Payment Terms

4.1 Design Preview Process

Our unique service model includes providing up to three (3) complete homepage design concepts with professional copywriting before any payment is required. This preview process is offered at no charge and carries no obligation. The design preview is provided solely for the purpose of evaluating our services and is not a deliverable until a service agreement is executed.

4.2 Subscription Plans

Our services are offered through monthly subscription plans. Current plan pricing and features are listed on our website and are subject to change. We reserve the right to modify pricing with thirty (30) days' written notice to existing subscribers. Plan details, including scope of work and deliverables, will be outlined in a separate service agreement or statement of work.

4.3 Payment

Payment for services is due on a monthly basis as specified in your service agreement. Acceptable payment methods include credit card, debit card, ACH transfer, or other methods as agreed upon. Failure to make timely payments may result in suspension or termination of services. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less.

4.4 Refunds

Monthly subscription fees are generally non-refundable once the billing period has begun. If you are dissatisfied with our services, please contact us to discuss your concerns before canceling. We are committed to resolving issues and ensuring your satisfaction.

5. Intellectual Property Rights

5.1 Our Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

5.2 Client Website Ownership

Upon full payment of all applicable fees and completion of the service agreement, clients will own the custom content, copy, and design elements created specifically for their website project. We retain the right to use general techniques, methodologies, and tools that are part of our standard practice. We also retain the right to showcase completed client work in our portfolio unless otherwise agreed in writing.

5.3 Design Preview Materials

Design concepts, mockups, and copywriting presented during the free preview phase remain the intellectual property of Monterey Website Design until a service agreement is executed and payment begins. These materials may not be reproduced, distributed, or used by anyone without our written permission.

6. User Representations

By using the Site and Services, you represent and warrant that:

  • All information you submit is truthful and accurate
  • You will maintain the accuracy of such information
  • You have the legal capacity to agree to these Terms
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the Site through automated or non-human means
  • You will not use the Site for any illegal or unauthorized purpose
  • Your use of the Site will not violate any applicable law or regulation

7. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
  • Use the Site to advertise or offer to sell goods and services without our prior consent
  • Circumvent, disable, or otherwise interfere with security-related features of the Site
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
  • Engage in any automated use of the system, such as using scripts to send comments or messages
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
  • Attempt to impersonate another user or person or use the username of another user
  • Use any information obtained from the Site to harass, abuse, or harm another person
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site

8. Communications and Consent

8.1 Electronic Communications

By using our Site and Services, you consent to receiving electronic communications from us. These communications may include emails, text messages (SMS/MMS), and notifications about your account, our services, and promotional offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8.2 SMS/Text Message Consent

If you opt in to receive text messages from us, you expressly consent to receive recurring automated text messages at the phone number you provided. Your consent to receive text messages is not a condition of purchasing any goods or services from us. Message frequency varies. Standard message and data rates may apply. You may opt out at any time by replying "STOP" to any text message. For help, reply "HELP" or contact us at (831) 855-1005 or build@montereywebsitedesign.com.

8.3 Telephone Communications

By providing your phone number, you consent to receive telephone calls from us regarding your inquiry, project, or services. Calls may be recorded for quality assurance and training purposes. You will be notified at the beginning of any recorded call.

8.4 Data Collection and Opt-In Compliance

We collect personal information including but not limited to names, email addresses, phone numbers, and business information through forms on our website. All data collection is performed with clear notice and affirmative consent. We maintain detailed records of all opt-in consents in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and A2P 10DLC requirements. Our data handling practices are described in detail in our Privacy Policy.

9. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

10. Website Hosting and Uptime

For clients on active subscription plans that include hosting, we will use commercially reasonable efforts to maintain website uptime of 99.9%. We are not responsible for any downtime or interruptions caused by factors outside our control, including but not limited to internet service provider failures, natural disasters, power outages, acts of God, governmental actions, or third-party service disruptions. Scheduled maintenance will be performed during off-peak hours when possible, and we will provide reasonable advance notice of any planned downtime.

11. Cancellation and Termination

11.1 Client Cancellation

You may cancel your subscription at any time by providing written notice at least thirty (30) days before your next billing date. Upon cancellation:

  • Your website will remain active through the end of your current billing period
  • We will provide a copy of your website files and content upon request
  • Domain name transfer assistance will be provided if applicable
  • Any outstanding invoices must be paid in full

11.2 Termination by Us

We reserve the right to terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, non-payment, illegal activity, or conduct that we determine to be harmful to our business or other clients.

12. Limitation of Liability

IN NO EVENT SHALL PUMPKIN LLC, D/B/A MONTEREY WEBSITE DESIGN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; ANY CONTENT OBTAINED FROM THE SITE; UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  • Your use of the Site or Services
  • Breach of these Terms
  • Any breach of your representations and warranties set forth in these Terms
  • Your violation of the rights of a third party, including but not limited to intellectual property rights
  • Any overt harmful act toward any other user of the Site with whom you connected via the Site
  • Content you provide to us for inclusion on your website, including any claims of intellectual property infringement

14. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the state or federal courts located in Monterey County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site and Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association applying California law. The arbitration shall take place in Monterey County, California. The arbitrator's decision shall be final and binding on both parties.

17. Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, natural disasters, pandemic, epidemic, government actions, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements or statements of work entered into between you and us, constitute the sole and entire agreement between you and Monterey Website Design regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

21. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

22. Accessibility

We are committed to ensuring that our website and services are accessible to people with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing any part of our website, please contact us so we can work to provide the information you need through an alternative communication method.

23. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Pumpkin LLC dba Monterey Website Design
5 Harris Court, Suite N4C, Monterey, CA 93940
Phone: (831) 855-1005
Email: build@montereywebsitedesign.com