1. Introduction & Scope
Professional Portfolio ("we," "us," or "our") provides web development, UI/UX design, consulting, and related digital services ("Services"). This Limitation of Liability policy defines the boundaries of our responsibility and liability concerning the Services rendered, delivered, or maintained on behalf of our clients.
2. Disclaimer of Warranties
Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Guarantees of uninterrupted, secure, or error-free performance of delivered software or websites.
- Assurances that results will meet specific business metrics, conversion rates, or revenue targets.
- Compatibility with all future updates to third-party platforms, browsers, or operating systems.
3. Limitation of Liability
In no event shall Professional Portfolio, its owners, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, data, business opportunities, or goodwill.
- Business interruption or delayed project timelines caused by factors outside our direct control.
- Unauthorized access to, alteration of, or disclosure of your data through third-party services or client-provided infrastructure.
Our total aggregate liability arising out of or related to this policy or any Services provided shall not exceed the total fees actually paid by the client to us for the specific Services giving rise to the claim during the twelve (12) months preceding the incident.
4. Client Responsibilities & Assumptions
By engaging our Services, the client agrees to:
- Provide accurate, complete, and timely information, assets, and access credentials required for project execution.
- Secure their own hosting environments, third-party integrations, and post-launch maintenance unless explicitly contracted otherwise.
- Indemnify and hold us harmless from any claims arising from client-supplied content, including but not limited to copyrighted material, trademarks, or defamatory statements.
5. Third-Party Services & Dependencies
Our projects may incorporate third-party libraries, APIs, plugins, hosting providers, or SaaS platforms. Professional Portfolio does not guarantee the availability, security, or continued functionality of these third-party services. Liability for issues originating from third-party dependencies rests solely with the respective providers.
6. Force Majeure
We shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet infrastructure failures, or widespread cyberattacks.
7. Governing Law & Dispute Resolution
This Limitation of Liability policy shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from this policy shall be resolved through binding arbitration in San Francisco, CA, in accordance with the rules of the American Arbitration Association.
8. Modifications to This Policy
Professional Portfolio reserves the right to update, modify, or replace this policy at any time. Changes will be effective immediately upon posting. Continued use of our Services following updates constitutes acceptance of the revised terms.
Questions regarding this policy?
Please contact our legal department at legal@professionportfolio.com or refer to your signed service contract for project-specific terms.