Effective Date: August 4, 2026

These Terms of Service (“Terms”) govern your access to and use of barclaymountain.com and the services, content, forms, features, and communications made available by Barclay Mountain Company (“Barclay Mountain,” “we,” “us,” or “our”).

By accessing or using this website, submitting an inquiry, scheduling a consultation, or otherwise interacting with our services, you agree to these Terms and our Privacy Policy.

If you do not agree with these Terms, please do not use this website.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

If you use this website on behalf of a business or other organization, you represent that you have authority to act on that organization’s behalf and bind it to applicable agreements.

2. About Our Services

Barclay Mountain provides website design, website hosting, digital marketing, social media management, content creation, customer relationship management systems, marketing automation, reputation management, lead-generation support, advertising support, consulting, and related services.

Information presented on this website is provided for general informational and promotional purposes. Website content does not constitute a binding proposal, guarantee, or offer to provide services on specific terms.

The exact services, deliverables, pricing, timelines, payment requirements, cancellation provisions, ownership terms, and responsibilities for a client project will be established in a separate proposal, service agreement, order form, or other written agreement.

If these Terms conflict with a signed client agreement, the signed client agreement will control with respect to the services covered by that agreement.

3. Consultations, Estimates, and Proposals

Submitting a contact form or requesting a consultation does not create a client relationship or require either party to enter into an agreement.

Any estimate displayed on the website or discussed during an initial consultation is for general planning purposes unless expressly identified as a binding written quote.

Final pricing may depend on factors including:

• Project size and complexity

• Number of website pages

• Content and design requirements

• Software and integration requirements

• Automation requirements

• Photography or video production

• Travel

• Advertising requirements

• Client-provided materials

• Requested deadlines

• Ongoing support and management needs

Proposals and quotes may have an expiration date. We reserve the right to revise pricing before a final agreement is signed.

4. Client Responsibilities

Clients are responsible for providing accurate and timely information, content, photographs, video, branding materials, login access, approvals, and feedback needed to complete their services.

Clients represent that they have the necessary rights and permissions to provide and use all materials submitted to Barclay Mountain.

Project schedules may be extended when materials, approvals, access, payments, or feedback are delayed. Additional work caused by incomplete, inaccurate, delayed, or substantially changed instructions may result in additional charges.

Clients remain responsible for reviewing and approving their websites, advertisements, posts, campaigns, automations, forms, messages, and other materials before publication when approval is requested.

5. No Guarantee of Marketing Results

Barclay Mountain will perform agreed services in a professional manner, but we do not guarantee any particular business or marketing result.

We do not guarantee:

• A particular number of leads or sales

• Increased revenue or profitability

• Specific search-engine rankings

• Specific advertising performance

• Social media reach, engagement, or follower growth

• Website traffic

• Customer reviews

• Appointment volume

• Email or text-message deliverability

• Platform approval

• Continued availability of third-party services

• Any specific return on investment

Marketing results depend on numerous factors outside our control, including competition, market conditions, customer demand, pricing, reputation, advertising budgets, client responsiveness, platform algorithms, and changes made by third-party providers.

Examples, case studies, testimonials, and past results are provided for illustrative purposes and do not guarantee that another client will receive the same or similar results.

6. Third-Party Platforms and Services

Our services may use or integrate with third-party platforms, including website hosts, domain registrars, customer relationship management systems, social media platforms, search engines, payment processors, email providers, telephone and text-messaging providers, advertising platforms, analytics tools, and artificial-intelligence services.

Third-party services are governed by their own terms, policies, availability, and pricing. Barclay Mountain does not control and is not responsible for:

• Service interruptions

• Platform outages

• Account restrictions or suspensions

• Algorithm changes

• Policy changes

• Pricing changes

• Data loss caused by a third party

• Advertising disapprovals

• Search-ranking changes

• Social media account decisions

• Email or text-message delivery failures

• Changes to integrations or software features

Clients are responsible for complying with the terms and policies of all platforms used in connection with their accounts.

7. Payments and Billing

Pricing, setup fees, recurring charges, payment schedules, usage-based charges, advertising budgets, and other financial terms will be specified in the applicable proposal, order form, invoice, or client agreement.

Unless otherwise stated in writing:

• Fees are due according to the date shown on the invoice.

• Recurring services are billed in advance.

• Advertising budgets and third-party expenses are separate from Barclay Mountain’s management fees.

• Email, text-message, telephone, artificial-intelligence, and premium software usage may be billed separately.

• Taxes and transaction fees may be added when required.

• Work may be paused when an account is past due.

Failure to use available services does not automatically eliminate an agreed recurring charge.

8. Cancellations and Refunds

Cancellation, minimum-term, renewal, and refund provisions for paid services will be governed by the applicable client agreement, proposal, or order form.

Unless otherwise stated in writing, completed work, setup fees, custom creative work, third-party costs, advertising expenditures, usage charges, and amounts already earned are nonrefundable.

Cancellation of ongoing services does not automatically transfer ownership of software accounts, websites, templates, automations, telephone numbers, domains, licenses, or other assets. Ownership and transfer rights will be determined by the applicable client agreement and the policies of any third-party provider.

9. Website and Content Ownership

The Barclay Mountain website and its original content, branding, graphics, design, text, logos, videos, photographs, software configurations, and other materials are owned by or licensed to Barclay Mountain and are protected by applicable intellectual-property laws.

You may view and use this website for legitimate personal or business informational purposes. You may not, without our written permission:

• Copy or reproduce substantial website content

• Republish or sell our content

• Use our branding or logo

• Claim our work as your own

• Scrape or systematically extract website information

• Reverse engineer website features

• Create misleading associations with Barclay Mountain

• Use our content to compete with or impersonate us

Ownership of work created for a client will be determined by the applicable client agreement. Third-party software, templates, stock materials, fonts, plugins, and licensed assets remain subject to their respective licenses.

10. User-Provided Materials

If you submit text, images, photographs, video, logos, testimonials, reviews, feedback, business information, or other materials, you represent that:

• The information is accurate to the best of your knowledge.

• You own the materials or have permission to use them.

• Their use will not violate another person’s rights.

• They do not contain unlawful, misleading, defamatory, or infringing material.

You grant Barclay Mountain permission to use submitted materials as reasonably necessary to respond to your request, prepare a proposal, provide contracted services, and administer the business relationship.

Public display of client work, logos, results, or testimonials will be handled according to the applicable client agreement or separate permission.

11. Acceptable Use

You may not use our website or services to:

• Violate any law or regulation

• Infringe intellectual-property or privacy rights

• Transmit malware or harmful code

• Attempt unauthorized access to an account or system

• Interfere with website operation or security

• Submit fraudulent or misleading information

• Harass, threaten, or impersonate another person

• Send spam or unlawful marketing communications

• Collect information about others without authorization

• Conduct unlawful, deceptive, discriminatory, or abusive activities

• Use our systems in a manner that could harm Barclay Mountain, our clients, service providers, or other users

We may restrict access to the website or decline service when we reasonably believe these Terms have been violated.

12. Email, Telephone, and Text Communications

By submitting your contact information, you authorize us to respond to your inquiry using the contact methods you provide.

If you separately consent to receive text messages, Barclay Mountain may send messages relating to your inquiry, appointments, account, services, or promotions, depending on the consent provided.

Message frequency may vary. Message and data rates may apply. Wireless carriers are not responsible for delayed or undelivered messages.

Reply STOP to opt out of text messages or HELP for assistance. You may also contact us at [email protected] or (570) 699-9745.

Consent to receive marketing text messages is not a condition of purchasing services. Additional information about how we handle personal information is available in our Privacy Policy.

13. Electronic Communications

By contacting us electronically or using our online services, you consent to receive communications from us electronically when permitted by law.

Electronic communications may include emails, text messages, proposals, invoices, notices, agreements, and account information. You agree that electronic communications may satisfy legal requirements that communications be provided in writing, to the extent permitted by law.

14. Privacy

Our collection and use of personal information are described in our Privacy Policy:

https://barclaymountain.com/privacy-policy

The Privacy Policy is incorporated into these Terms by reference.

15. Disclaimer of Warranties

To the fullest extent permitted by law, this website and its content are provided on an “as is” and “as available” basis.

Barclay Mountain makes no warranty that:

• The website will always be available or error-free.

• Website content will always be complete or current.

• Every defect will be corrected immediately.

• The website will be free from harmful components.

• Use of the website will produce a particular outcome.

• Third-party services will remain available or unchanged.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

16. Limitation of Liability

To the fullest extent permitted by law, Barclay Mountain and its owners, employees, contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Use of or inability to use the website

• Reliance on website content

• Loss of data, revenue, profit, goodwill, or business opportunities

• Third-party platforms or services

• Unauthorized access to information

• Service interruptions

• Marketing or business performance

For claims arising solely from use of this public website, Barclay Mountain’s total liability will not exceed one hundred dollars.

Liability relating to paid client services will be governed by the applicable client agreement.

Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Barclay Mountain and its owners, employees, contractors, and representatives from claims, losses, damages, liabilities, and reasonable expenses arising from:

• Your misuse of the website or services

• Your violation of these Terms

• Materials or instructions you provide

• Your violation of another person’s rights

• Your violation of applicable laws or platform policies

This section does not require you to indemnify Barclay Mountain for conduct for which indemnification is prohibited by law.

18. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

Any dispute relating solely to use of this website will be brought in a court of competent jurisdiction located in Pennsylvania, unless applicable law requires otherwise.

Disputes arising from paid client services may be governed by the dispute-resolution provisions in the applicable client agreement.

19. Changes to These Terms

We may update these Terms periodically to reflect changes in our website, services, business practices, or legal obligations.

When the Terms are updated, the effective date at the top of this page will be revised. Your continued use of the website after revised Terms are posted constitutes acceptance of the updated Terms.

Changes to a signed client agreement must be made according to that agreement and are not automatically created by updating these website Terms.

20. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. An unenforceable provision will be modified only to the extent necessary to make it enforceable where permitted by law.

21. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.

22. Contact Information

Questions about these Terms may be directed to:

Barclay Mountain Company
[INSERT BUSINESS MAILING ADDRESS]
Email: [email protected]
Telephone: (570) 699-9745
Website: https://barclaymountain.com