Terms of Service

Name & Market provides personal website services for real estate professionals. Depending on the purchased scope, services may include strategy, positioning, website design, website development, content organization, domain connection, foundational search optimization, analytics setup, hosting, maintenance, routine updates, content publishing, and ongoing website management.

The specific services included in a project are described in the applicable order summary, pricing page, service description, onboarding materials, or written client agreement.

Work outside the included scope may require a separate quote or written agreement.

The one-time website setup fee is $995.

The first $195 monthly management payment is also collected at purchase.

The total initial payment is therefore:

• $1,190 due at purchase

This consists of:

• $995 website setup fee
• $195 first monthly management payment

The setup fee becomes nonrefundable once work has begun, subject to applicable law.

After the initial purchase, the website management plan is billed at $195 per month until canceled in accordance with these Terms and any applicable client agreement.

Monthly payments are processed automatically using the payment method provided at checkout.

The monthly service begins on the purchase date. Subsequent payments are generally billed on the corresponding date of each following month.

Monthly fees are billed in advance and are not prorated upon cancellation, subject to applicable law.

The standard package is intended to cover the services described in the applicable service scope.

Certain products or services may require additional charges, including:

• Domain registration
• Premium third-party software
• Advanced IDX or MLS integrations
• Paid stock photography
• Professional photography
• Video production
• Advanced CRM integrations
• Paid advertising
• Copywriting beyond the included scope
• Additional websites
• Major redesigns
• Custom application functionality

Any additional work or third-party cost will be addressed through an applicable quote, order, or client agreement.

You are responsible for maintaining a valid payment method.

If a payment is declined, reversed, disputed, or otherwise unsuccessful, Name & Market may pause active work, publishing, updates, hosting support, or other services until the account is brought current.

Any suspension or termination resulting from a payment failure does not remove your responsibility for amounts already due.

You are responsible for providing accurate, complete, and timely information required to complete and maintain the website.

This may include:

• Professional biography
• Contact details
• Brokerage information
• Licensing information
• Required disclosures
• Service areas
• Market information
• Photography
• Brand assets
• Testimonials you are authorized to use
• Property or listing information
• Approvals
• Account access
• Other requested materials

You are responsible for reviewing and approving website content before publication.

You represent that you have the necessary rights, licenses, permissions, and authorizations to provide all content and materials submitted to Name & Market.

You are responsible for ensuring that your website and submitted content comply with all requirements that apply to your real estate business.

This includes requirements imposed by:

• Your brokerage
• Multiple listing services
• State licensing authorities
• Local regulators
• Professional associations
• Advertising rules
• Fair housing laws
• Required real estate disclosures

Name & Market may assist with presenting required information but does not act as your attorney, broker, compliance department, or licensing authority.

You are responsible for obtaining any brokerage or regulatory approval required before publication.

The included project scope is described in the applicable service description, pricing page, order summary, onboarding materials, or client agreement.

Requests outside that scope may require:

• A separate quote
• Additional fees
• A revised timeline
• A separate written agreement

Name & Market is not required to perform work outside the agreed scope without written approval.

One structured revision round is included before launch unless a different revision allowance is stated in the applicable client agreement.

Feedback should be consolidated and submitted through the process provided by Name & Market.

Additional revision rounds, major changes in direction, or work that materially expands the original scope may require an additional fee.

The monthly management plan includes reasonable routine updates within the scope of the service.

Routine updates do not include a complete redesign, extensive new functionality, additional websites, major application development, or other substantial out-of-scope work.

Name & Market may provide estimated delivery or launch timelines.

Any timeline depends on factors including:

• Timely completion of onboarding
• Receipt of required content and materials
• Client responsiveness
• Brokerage approval
• Third-party availability
• Revision requests
• Technical requirements

Estimated timelines are not guarantees.

Delays caused by missing materials, delayed approvals, expanded scope, third-party services, or circumstances outside Name & Market’s reasonable control may extend the schedule.

The website may use or connect with third-party products and services, including:

• Hosting providers
• Domain registrars
• Analytics platforms
• Payment processors
• Form providers
• Email services
• Search tools
• IDX or MLS providers
• Customer relationship management platforms
• Content management systems
• Software libraries
• Plugins
• Other integrations

Third-party services are governed by their own terms, policies, pricing, availability, and technical limitations.

Name & Market is not responsible for interruptions, policy changes, price changes, data loss, outages, discontinued features, or other actions caused by third-party providers.

You register and retain ownership of your domain unless a separate written agreement expressly states otherwise.

Your domain remains yours if the monthly management plan is canceled.

You are responsible for:

• Maintaining accurate domain-registration information
• Paying domain-renewal charges
• Protecting account credentials
• Maintaining access to the domain account

If Name & Market assists with domain configuration, that assistance does not transfer ownership of the domain to Name & Market.

You retain ownership rights in the website content, brand assets, and project deliverables as described in the applicable client agreement.

Canceling the monthly management plan does not cause you to forfeit ownership of your domain or website deliverables.

Ownership or licensing of reusable systems, underlying frameworks, software, third-party tools, templates, integrations, and other pre-existing materials remains subject to the applicable client agreement and third-party license terms.

Either party may cancel the monthly management plan by providing written notice.

Cancellation ends Name & Market’s ongoing management obligations according to the applicable billing period, client agreement, and handoff process.

Amounts already paid are not prorated or refunded solely because the monthly plan is canceled, subject to applicable law.

Cancellation does not automatically erase the website or transfer the client’s domain to Name & Market.

Instead, cancellation initiates the website handoff process.

When the monthly management plan ends, Name & Market will initiate a formal handoff so that you may continue operating the website independently or with another provider.

Depending on the website and applicable client agreement, the handoff may include:

• Transfer of the website codebase or available export
• Transfer of website content
• Transition to hosting controlled by you or another provider
• Transition of analytics access
• Transition of supported integrations
• Confirmation of domain configuration
• Documentation reasonably necessary for the transition

Name & Market hosting, maintenance, updates, content publishing, monitoring, and support do not continue after the management service ends unless the parties enter into another written agreement.

To keep the website online after Name & Market hosting ends, the website must be migrated to hosting controlled by you or another provider.

Certain proprietary systems, reusable components, licensed software, third-party services, plugins, or integrations may not be transferable. Any material transfer limitations will be identified during the handoff process or in the applicable client agreement.

Specific export formats, transition procedures, timing, third-party limitations, and any applicable handoff charges will be governed by the client agreement or written handoff documentation.

You retain ownership of content and brand assets that you provide to Name & Market.

You grant Name & Market a limited license to use, reproduce, edit, format, display, and distribute that material as reasonably necessary to perform the services.

You are responsible for ensuring that submitted content:

• Is accurate
• Does not infringe intellectual-property rights
• Does not violate privacy or publicity rights
• Does not contain unlawful or misleading claims
• Complies with applicable professional and brokerage requirements

Name & Market may decline to publish content that appears unlawful, deceptive, infringing, discriminatory, or inconsistent with applicable platform requirements.

Ownership and licensing terms for custom copy, design work, software, integrations, templates, reusable components, and other project materials are governed by the applicable client agreement.

Except for rights expressly granted to the client, Name & Market retains ownership of its pre-existing intellectual property, business processes, reusable systems, methods, software, internal tools, and general design knowledge.

Third-party assets remain subject to their applicable licenses.

Unless you request otherwise in writing, Name & Market may display the completed website and non-confidential project materials in its portfolio, website, social channels, presentations, or marketing materials.

Name & Market will not intentionally disclose confidential account credentials, private business information, or unpublished personal information as part of a portfolio presentation.

Name & Market does not guarantee:

• Search-engine rankings
• Search visibility
• Website traffic
• Lead volume
• Conversion rates
• Sales
• Revenue
• Commissions
• Business growth
• Specific marketing outcomes

Website, search, and marketing performance may be affected by competition, market conditions, platform changes, search-engine policies, client participation, content quality, third-party systems, and other factors outside Name & Market’s control.

Name & Market works to provide reliable services but does not guarantee uninterrupted or error-free availability.

Website access or service delivery may be interrupted by:

• Maintenance
• Security updates
• Hosting outages
• Domain issues
• Software errors
• Third-party failures
• Internet disruptions
• Events beyond reasonable control

Name & Market may modify, suspend, or discontinue a feature when reasonably necessary for security, performance, legal compliance, or third-party compatibility.

To the maximum extent permitted by applicable law, the website and services are provided on an “as is” and “as available” basis.

Name & Market disclaims warranties not expressly provided in a signed written agreement, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

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

To the maximum extent permitted by applicable law, Name & Market’s total aggregate liability arising from or relating to the services will not exceed the amount paid to Name & Market during the twelve months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, Name & Market will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business, lost data, lost opportunities, or reputational harm.

Nothing in these Terms limits liability that cannot legally be limited.

You agree to defend, indemnify, and hold harmless Name & Market and Westward Ventures from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:

• Content or materials you provide
• Your professional services
• Your brokerage or regulatory noncompliance
• Your violation of applicable law
• Your infringement of another party’s rights
• Your misuse of the website or services
• Your breach of these Terms or an applicable client agreement

This obligation applies to the extent permitted by law.

Name & Market may suspend or terminate services if:

• Required payments remain unpaid
• You materially breach these Terms
• You use the service unlawfully
• You submit content that creates material legal or security risk
• Continuing the service would violate a third-party requirement or applicable law
• You fail to provide information reasonably required to deliver the service

When reasonably possible, Name & Market will provide notice and an opportunity to address the issue before termination.

Ownership and handoff obligations remain subject to these Terms and the applicable client agreement.

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, severe weather, acts of government, labor disruptions, internet outages, hosting failures, cyberattacks, public emergencies, war, civil unrest, or widespread failures of third-party systems.

Governing law, jurisdiction, and dispute-resolution procedures are governed by the applicable client agreement.

Name & Market may update these Terms from time to time.

When material changes are made, the effective date displayed at the top of the page will be updated.

Continued use of the services after updated Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.

Questions about these Terms may be submitted through the Name & Market contact page.

Service provider:

Westward Ventures, a Colorado Corporation
Doing business as Name & Market