Effective and last updated: September 7, 2026
These Terms and Conditions (“Terms”) govern your use of the Pine State Creative website and your interactions with Pine State Creative, LLC, doing business under the Pine State Creative brand (“Pine State Creative,” “PSC,” “we,” “us,” or “our”).
Purchased services are also governed by the applicable checkout summary, project intake, project-specific written terms, and the Service Agreement. If these Terms conflict with any of those documents, the order of precedence stated in the Service Agreement controls.
Acceptance
By using this website, submitting information, creating or configuring a project, completing checkout, submitting payment, or otherwise interacting with Pine State Creative services, you agree to these Terms. If you do not agree, do not use the website to submit information or purchase services.
Eligibility, authority, and business use
Pine State Creative services are offered for business, commercial, professional, nonprofit, and organizational purposes. You represent that you are at least 18 years old, have legal capacity to agree to these Terms, have authority to bind any company or organization on whose behalf you act, and will provide accurate information for lawful purposes.
Electronic transactions
You agree that transactions and communications with Pine State Creative may occur electronically. Electronic records, checkbox acceptance, electronic signatures, electronic payments, email approvals, and other electronic communications may evidence your agreement, authorization, approval, and instructions.
Website content and intellectual property
Unless otherwise identified, the Pine State Creative website and its content—including its design, text, graphics, branding, photographs owned by PSC, code, layouts, components, illustrations, and other original materials—are owned by or licensed to Pine State Creative. You may view and use the public website for ordinary informational and business purposes.
Except as permitted by law or expressly authorized in writing, you may not:
- Copy or republish substantial portions of the website.
- Reproduce or sell PSC-created website content.
- Use PSC trademarks or branding in a manner suggesting affiliation or endorsement.
- Remove proprietary notices.
- Reverse engineer or attempt to extract nonpublic source code or systems.
- Use automated tools to scrape, harvest, or systematically reproduce website content, except ordinary search-engine indexing or other activity expressly authorized by PSC.
Rights relating to a customer's purchased website or design project are governed separately by the Service Agreement.
Acceptable use
You may not use the website or PSC services to:
- Violate any law or regulation.
- Commit fraud or impersonate another person or business.
- Infringe intellectual-property, privacy, publicity, or other rights.
- Upload malicious software or code.
- Attempt unauthorized access to systems, accounts, data, or administrative tools.
- Probe, scan, or test vulnerabilities without written authorization.
- Interfere with website operation or security.
- Submit deceptive, defamatory, abusive, threatening, or unlawful material.
- Abuse forms, payment systems, email systems, or other website functionality.
- Use the services in a manner that creates unreasonable security, legal, operational, or reputational risk for PSC.
PSC may block access, reject submissions, suspend functionality, or terminate services where reasonably necessary to address prohibited activity.
Information and materials you submit
You remain responsible for information and materials you provide. You represent that you have the legal right to submit and authorize use of all names, trademarks, logos, photographs, testimonials, documents, text, data, and other content you provide.
By submitting material to Pine State Creative, you grant PSC and its contractors and service providers permission to access, store, reproduce, modify, transmit, and use that material to respond to your request, price or configure a project, perform purchased services, provide support, operate relevant website features, and carry out other activities authorized by the applicable Service Agreement.
Ownership and portfolio rights for purchased projects are governed by the Service Agreement.
Services, scope, and project orders
The approved concept, private checkout summary, submitted project information, selected features, quantities, billing schedule, and written project-specific terms establish the purchased scope. Only expressly included work is included.
Requests that add deliverables, change the approved direction, require new functionality, add pages or features, or otherwise expand the purchased scope may require additional pricing. The Service Agreement contains the detailed terms governing production, revisions, delivery, ownership, support, and managed services.
Pricing, payment, and recurring billing
Prices displayed on the website are subject to the scope and billing terms shown during private checkout. Website concepts are free, website plans have no setup fee, and payment is collected only after concept approval. Payment must clear before paid production begins unless PSC expressly agrees otherwise in writing.
For recurring services, the checkout identifies the applicable billing amount and cadence before purchase. Where a service automatically renews, PSC will provide renewal and cancellation disclosures and obtain any affirmative consent required by applicable law. Taxes and disclosed third-party or usage-based charges may be added where applicable.
Cancellation and website ownership
Every website plan has an initial 12-month agreement. Customers may schedule cancellation according to the Service Agreement. Amounts already paid are not refunded or prorated except where required by law, and service remains available through the applicable paid period.
Professional and Complete ownership transfers after 12 paid months and payment of all outstanding amounts. Essential is subscription only and does not include website ownership transfer.
If service ends before ownership transfers:
- The customer retains all rights in the customer's domain and pre-existing materials.
- Ownership of PSC-created website materials does not transfer.
- The customer's license to use PSC-created website materials ends when the paid service period ends.
- Those PSC-created materials may not be copied, reproduced, transferred, exported for use elsewhere, or relaunched through another provider.
The Service Agreement controls all details regarding ownership and migration.
Managed features and Pine State Creative platform
Certain recurring features—including administrative dashboards, structured editors, event or schedule management, customer-editable menus, portals, secure file tools, authentication, databases, APIs, and similar managed functionality—may rely on proprietary or shared Pine State Creative software and infrastructure (the “PSC Platform”). Those components are licensed as part of the applicable recurring service and are not sold or transferred as part of website ownership.
Website ownership does not transfer hosting, deployments, the customer portal, reporting, support, the PSC Platform, reusable backend code, database architecture, authentication systems, administrative tools, shared infrastructure, or other reusable PSC technology. Migration work is quoted separately. The customer's right to use a managed feature ends when the applicable paid service ends unless PSC agrees otherwise in writing.
Customers retain ownership of their own business data and pre-existing materials. Upon timely request after a managed feature ends, PSC will provide a commercially reasonable export of customer-owned data stored in that feature in a commonly used format when technically practicable, subject to security requirements, legal-retention obligations, and third-party limitations. The Service Agreement contains the controlling details.
Revisions and approvals
Unless a purchased offer expressly provides otherwise, projects include three consolidated change requests. Additional revisions, material redesigns, changes in direction, additional functionality, or expanded scope may require additional payment.
Written approval, including approval by email, authorizes PSC to proceed with the approved work. A request to launch, publish, print, release, distribute, or otherwise use a deliverable constitutes approval of that deliverable in its then-current form.
Third-party services
PSC may use or integrate third-party providers for hosting, payments, domains, analytics, email, ecommerce, booking, authentication, storage, security, and other functionality. Third-party products and services are subject to their own availability, pricing, licenses, privacy practices, acceptable-use rules, and technical limitations.
PSC does not control third-party providers and is not responsible for their acts, omissions, outages, pricing changes, security incidents, policy changes, or discontinuation of service except to the extent applicable law provides otherwise. PSC may substitute a reasonably comparable provider when appropriate.
Third-party links
The website may link to websites or services operated by third parties. A link does not constitute an endorsement, warranty, or representation regarding the third party. PSC is not responsible for third-party websites, content, products, security, availability, or privacy practices.
Privacy
Information collected through the website is handled according to the Pine State Creative Privacy Policy. By submitting information, you acknowledge that information may be processed by service providers reasonably necessary to operate the website and provide requested services.
No legal, tax, accounting, or professional advice
Pine State Creative provides creative and technology services. Information on this website and materials created as part of a project do not constitute legal, tax, accounting, financial, regulatory, or other licensed professional advice. PSC does not provide custom legal-document drafting.
Customers are responsible for determining the laws, licenses, notices, disclosures, policies, and other requirements applicable to their businesses and should obtain qualified professional advice when appropriate.
No performance guarantee
PSC does not guarantee any particular search-engine ranking, traffic volume, revenue, profit, number of leads, conversion rate, booking volume, customer response, advertising result, accessibility certification, regulatory result, uptime percentage, or business outcome. Results depend on factors outside PSC's control.
Website availability and disclaimer
PSC uses reasonable efforts to maintain its public website and purchased services but does not guarantee uninterrupted, completely secure, or error-free operation. To the maximum extent permitted by law, the public website is provided on an “as available” basis.
PSC does not warrant that:
- Every page or feature will always be available.
- Every error will be immediately corrected.
- Third-party services will remain available.
- The website will be compatible with every browser, device, extension, or configuration.
- Information on the public website will remain current indefinitely.
Nothing in these Terms limits obligations that PSC expressly assumes in a purchased Service Agreement.
Limitation of liability
Claims relating to a purchased service are governed by the limitation-of-liability provisions in the applicable Service Agreement.
For claims arising solely from use of the public Pine State Creative website and not from a purchased service, to the maximum extent permitted by law:
- PSC is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
- PSC is not liable for lost profits, lost revenue, lost opportunities, business interruption, lost data, or loss of goodwill.
- PSC's total aggregate liability arising solely from use of the public website will not exceed $100.
These limitations do not apply to fraud, gross negligence, willful misconduct, or any liability that applicable law does not permit to be excluded or limited.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless PSC and its owners, affiliates, employees, contractors, agents, successors, and service providers from third-party claims, liabilities, damages, penalties, costs, and reasonable attorneys' fees arising from materials you submit, your infringement of another person's rights, your unlawful use of the website or services, your business operations, products or services, your breach of these Terms, or your misuse or unauthorized modification of PSC deliverables.
This provision does not require you to indemnify PSC to the extent a claim is finally determined to result from PSC's fraud, gross negligence, willful misconduct, or liability that applicable law does not permit PSC to shift.
Suspension and termination
PSC may restrict access to the website or suspend or terminate services for nonpayment, material breach, fraud, security threats, unlawful activity, intellectual-property infringement, abuse of PSC personnel or systems, third-party policy violations, or other conduct creating material legal, security, reputational, or operational risk. Termination of a purchased service is otherwise governed by the Service Agreement.
Communications
Email is Pine State Creative's primary method of project communication. You are responsible for providing an accurate email address and monitoring communications sent to it.
Marketing communications may include an unsubscribe method as required by applicable law. Unsubscribing from marketing communications does not prevent PSC from sending transactional, billing, security, contractual, or service communications where permitted.
Dispute notice and informal resolution
Before filing a lawsuit relating to these Terms, you must provide PSC written notice describing the dispute and requested relief and allow at least 30 days for informal resolution. This requirement does not prevent PSC from pursuing collection of undisputed amounts already due or either party from seeking emergency or injunctive relief when reasonably necessary to protect intellectual property, security, systems, or other rights.
Governing law and venue
These Terms are governed by the laws of the State of Maine, without regard to conflict-of-law principles. To the maximum extent permitted by law, disputes arising from these Terms must be brought in the applicable state court located in Penobscot County, Maine, or the United States District Court for the District of Maine when federal jurisdiction exists. You consent to personal jurisdiction in those courts and waive objections based on inconvenient forum to the extent permitted by law.
Jury-trial and class-action waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PINE STATE CREATIVE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN A DISPUTE ARISING FROM OR RELATING TO THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
These provisions do not waive rights that applicable law makes nonwaivable. If either waiver is unenforceable for a particular claim, the remainder of these Terms remains effective.
Changes to these Terms
PSC may revise these Terms for future website use and future transactions. The effective date at the top of this page will be updated when revised Terms are published.
A revision to these public website Terms does not retroactively modify a project-specific agreement or an existing Service Agreement except as expressly permitted by that agreement and applicable law. Continued use of the public website after revised Terms become effective constitutes acceptance of the revised website-use terms to the extent permitted by law.
Assignment
You may not assign rights under a purchased service except as permitted by the Service Agreement or with PSC's written approval. PSC may assign these Terms or its rights and obligations to an affiliate, successor, purchaser, or entity acquiring all or part of PSC's business or assets.
No waiver
Failure to enforce a provision does not waive that provision or any other provision. A waiver by PSC must be in writing and applies only to the specific circumstances for which it was given.
Severability
If a provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain effective.
Entire agreement
For general use of the public website, these Terms and the Privacy Policy constitute the applicable agreement between you and PSC. For purchased services, these Terms operate together with the Service Agreement, checkout, completed project intake, project-specific terms, and other incorporated agreements, subject to the order of precedence stated in the Service Agreement.
Contact
Questions about these Terms may be sent to info@pinestatecreative.com or through the contact form.