Terms & Conditions

Effective Date: September 18, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.themtndigital.com (the “Site”), operated by Mountain Digital LLC (“we,” “us,” or “Mountain Digital”). By accessing or using the Site you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

1. Who We Are / Contact Information

Mountain Digital LLC
2 North New York Avenue
Lake Hopatcong, New Jersey 07849
Phone: (201) 874-8286

For legal notices related to these Terms, you may contact us at the address or phone number above.

2. Scope of These Terms

These Terms apply to visitors and users of the Site and describe permitted uses, prohibited uses, intellectual property rights, disclaimers, limitations of liability, and other important information. These Terms do not create any client-service agreement between you and Mountain Digital. Any services or work requested or provided by Mountain Digital are governed by separate written agreements.

3. Changes to These Terms

We may modify these Terms at any time. When we do, we will update the Effective Date above. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. It is your responsibility to check this page periodically.

4. Use of the Site

4.1 Permitted Use

The Site is provided for informational purposes about Mountain Digital’s services, portfolio, and contact information. You may view and download content from the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

4.2 Prohibited Use

You agree not to:

  • Use the Site for any illegal purpose or in violation of local, state, national, or international law;
  • Attempt to gain unauthorized access to any portion of the Site;
  • Interfere with the security or integrity of the Site;
  • Use automated means (bots, scrapers) to access, monitor, or copy site content without our express written permission;
  • Upload, post, or transmit any content to the Site (the Site does not accept user-generated content).

5. No Accounts / No User Submissions

The Site does not provide user accounts, member profiles, or any public posting capability. Because users cannot post or host content on the Site, Mountain Digital is not responsible for user-generated content on this Site.

6. Services and Payments

Mountain Digital offers creative and digital services, described on the Site. The Site does not process payments and does not host e-commerce transactions. Any payment arrangements are handled outside of the Site under separate client service agreements.

7. Intellectual Property

All content on the Site (including text, images, graphics, logos, button icons, scripts, and software) is the property of Mountain Digital or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, create derivative works from, publicly display, or otherwise exploit any materials from the Site without our prior written consent, except as expressly permitted above for personal, non-commercial use.

8. Trademarks

The Mountain Digital name and logos and all related product and service names, design marks and slogans are the trademarks of Mountain Digital. Use of any Mountain Digital trademark without our prior written permission is strictly prohibited.

9. Third-Party Links and Content

The Site may include links to third-party websites or resources for convenience or reference. We do not control these third-party sites and are not responsible for their content, privacy practices, or terms. Links do not imply endorsement. Use third-party sites at your own risk.

10. Analytics and Tracking

We use Google Analytics to collect standard, aggregated information about how visitors use the Site (page views, session duration, referral sources, device/browser). We do not collect payment information or personal data through user accounts on the Site. For details about data collection, cookies, and how to control tracking, see our Privacy Policy (coming next) or contact us.

11. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN DIGITAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOUNTAIN DIGITAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOUNTAIN DIGITAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mountain Digital and its officers, directors, employees, agents, and affiliates from and against any losses, liabilities, claims, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to (a) your violation of these Terms; (b) your use of the Site; or (c) your violation of any law or the rights of any third party.

14. Termination and Suspension

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site (or any portion of it) at any time, with or without notice, for any reason including breach of these Terms.

15. Copyright Infringement (DMCA)

If you believe content on the Site infringes your copyright, please provide a written notice containing the information required by the Digital Millennium Copyright Act (DMCA) to the address below. We will respond to valid DMCA notices and take action as required by law.

DMCA Agent / Notice to:
Mountain Digital LLC
2 North New York Avenue
Lake Hopatcong, New Jersey 07849
Phone: (201) 874-8286

(If you plan to rely on DMCA safe-harbor benefits, consider formally designating a DMCA agent with the U.S. Copyright Office; this paragraph does not substitute for that registration.)

16. Governing Law and Venue

These Terms and any dispute arising under them shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. You and Mountain Digital agree to submit to the exclusive jurisdiction of the state and federal courts located in New Jersey to resolve any dispute.

17. Arbitration and Class Action Waiver (Optional)

(OPTIONAL — delete if you prefer court litigation.) Any dispute, claim or controversy arising out of or relating to these Terms or the Site shall be finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you also agree to waive any right to bring or participate in a class action.

(If you want arbitration included, tell me and I’ll add a tailored arbitration clause and waiver.)

18. Miscellaneous

  • Severability: If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force.
  • Waiver: Failure to enforce any right under these Terms is not a waiver of that right.
  • Assignment: You may not assign these Terms without Mountain Digital’s written consent. Mountain Digital may assign these Terms without restriction.
  • Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices on the Site, constitute the entire agreement between you and Mountain Digital regarding the Site.

19. Changes to the Site

We may add, modify, or remove features of the Site at any time. We do not guarantee the availability of any particular feature or content.

20. Contact

For questions about these Terms, please contact:
Mountain Digital LLC

2 North New York Avenue
Lake Hopatcong, New Jersey 07849
Phone: (201) 874-8286