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Terms of Service

Version 2 · Effective 2026-08-15

1. Acceptance

These Terms of Service ("Terms") govern your use of the website at thesitenerds.com (the "Site"), operated by TheSiteNerds LLC ("we," "us," "our"). By using the Site or submitting its contact form, you agree to these Terms.

The Site is informational. It has no accounts, no login, and no payments — it describes what we do and gives you a way to get in touch.

Order of precedence: if you become a client, the work itself is governed by a signed Master Services Agreement ("MSA") and any related agreement. Where those conflict with these Terms, the signed agreements control for the matters they cover. These Terms govern use of the Site specifically.

2. What the Site Offers

Nothing on the Site is an offer capable of acceptance, a quote, or a contract. Descriptions of services, timelines, and prices are indicative and subject to a written agreement.

We may change, suspend, or discontinue any part of the Site at any time.

3. Contacting Us

When you use the contact form or email us, you agree that:

  • The information you provide is accurate, and you are entitled to share it
  • You will not send confidential material before we have a written agreement in place
  • You will not use the form to send unsolicited advertising, bulk messages, or automated submissions

Submitting the form does not create a client relationship, and it does not obligate either of us to anything.

4. Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of applicable law
  • Attempt to gain unauthorized access to the Site or its infrastructure
  • Probe, scan, or test the vulnerability of the Site without our prior written consent
  • Use automated means to access the Site in a way that imposes an unreasonable load
  • Interfere with the operation of the Site or its availability to others
  • Submit malicious code or content that infringes a third party's rights

We may investigate suspected violations and take appropriate action, including blocking access.

5. Our Intellectual Property

The Site's design, text, images, code, the TheSiteNerds name and logo, and all related trademarks are owned by or licensed to us. These Terms grant you no rights in our intellectual property except to view the Site normally in a browser.

Work produced for a client is owned as set out in that client's MSA, not by this document.

Feedback you send us about the Site is given without expectation of compensation, and we may use it freely.

6. Third-Party Services

The Site is hosted by Cloudflare, and contact-form submissions are delivered by Resend. Your use of the Site involves those providers; the Privacy Policy explains what each receives. We are not responsible for third-party services' availability or conduct.

7. Availability

The Site is provided on an "as available" basis. We do not commit to uptime for the Site itself. Hosting commitments for a client's own website, if any, live in that client's agreement.

8. Privacy

Our handling of personal information is described in the Privacy Policy and incorporated here by reference. In short: the Site sets no cookies, runs no analytics, and stores nothing you submit — the contact form sends an email.

9. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE NOT PERMITTED UNDER APPLICABLE LAW.

Nothing in this section limits warranties or commitments expressly made in a signed MSA.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR DATA; OR THIRD-PARTY SERVICE FAILURES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limits apply whether the claim is based in contract, tort, or any other theory, and they do not limit liability that cannot be limited under applicable law. Liability for client project work is governed by the MSA.

11. Indemnification

You agree to defend, indemnify, and hold harmless TheSiteNerds LLC, its officers, members, and employees from claims, damages, and expenses (including reasonable attorneys' fees) arising out of:

  • Your misuse of the Site
  • Your breach of these Terms
  • Your violation of applicable law or third-party rights

12. Changes to These Terms

We may update these Terms. The "Effective" date at the top reflects the latest version. Continued use of the Site after that date constitutes acceptance. Your rights under a signed MSA are not affected by changes to these Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought in the state or federal courts located in Erie County, New York, and you consent to the jurisdiction of those courts.

No class actions. Any claim must be brought in your individual capacity.

14. Miscellaneous

  • Entire agreement (Site): these Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding use of the Site.
  • Assignment: you may not assign these Terms. We may assign them in connection with a reorganization, merger, or sale of the business.
  • Waiver: failure to enforce a provision is not a waiver.
  • Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
  • Force majeure: neither party is liable for delays caused by circumstances beyond reasonable control.
  • No agency: nothing in these Terms creates a partnership, agency, or employment relationship.

15. Contact

Questions about these Terms:

Security reports: security@thesitenerds.com

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