Legal & Policies · Page 05
Important information about risks, responsibilities, and legal limitations related to Tone Media Promotions products and services.
Tone Media Promotions (TMP) · Draft for legal review: October 18, 2026
Please read carefully: This is a proposed website policy, not a separately signed liability waiver. Enforceability depends on applicable law, how customers accept the terms, and the relevant agreement.
This Limitation of Liability policy describes the allocation of certain risks arising from Tone Media Promotions (TMP) website design, redesign, security-related services, Ready-Made ECOM26 digital products, TMP Client Editor licensing, and related support. It is intended to be read together with the Terms of Use and any written project agreement. If an applicable signed agreement expressly conflicts with this page, that agreement controls to the extent legally permitted.
TMP aims to deliver services with reasonable care and skill. Websites, software, plugins, themes, networks, and third-party services may nevertheless experience errors, outages, incompatibilities, vulnerabilities, or changes outside TMP’s control. TMP does not promise uninterrupted availability, absolute security, specific search rankings, sales results, or error-free operation unless expressly stated in a written agreement.
Customers are responsible for providing accurate project information, securing their own accounts and credentials, maintaining appropriate backups, reviewing and approving deliverables, and complying with laws governing their content, products, and business operations. Any allocation of responsibility is subject to TMP’s own contractual obligations and applicable law.
TMP projects may use WordPress, Joomla, WooCommerce, VirtueMart, Nicepage-related tools, payment providers, hosting companies, plugins, APIs, and other independent services. Those providers control their own availability, policies, security, pricing, and changes. TMP is not responsible for their independent conduct except to the extent a loss is caused by TMP’s own breach, negligence, misrepresentation, or other conduct for which liability cannot lawfully be excluded.
Security measures reduce risk but cannot eliminate it. TMP does not guarantee protection against every cyberattack, unauthorized access, malware incident, or data loss. Any limitation of responsibility for security incidents is subject to TMP’s actual role, applicable written commitments, and laws governing privacy, data protection, and reasonable care.
To the maximum extent permitted by applicable law, and except for liabilities that cannot lawfully be limited, TMP will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, or business interruption arising from covered services or digital products, even if informed such losses were possible. This exclusion does not apply where prohibited by law or where a signed agreement provides otherwise.
To the maximum extent permitted by applicable law, TMP’s aggregate liability for claims arising from a particular paid product or service will not exceed the amounts the customer actually paid TMP for that product or service during the 12 months preceding the event giving rise to the claim. This proposed cap does not apply to liability that cannot lawfully be capped, and it does not override a different enforceable cap or remedy stated in a signed agreement. The cap should be reviewed by California legal counsel before adoption.
Nothing on this page excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury, statutory remedies, or other claims to the extent exclusion or limitation is prohibited by applicable law. Nothing removes any consumer warranty, cancellation, privacy, or other protection that cannot legally be waived. Some jurisdictions do not allow particular damage exclusions or liability limits; in those cases, the relevant provision applies only to the extent allowed.
ECOM26 editions and the TMP Client Editor may be offered under separate trial, download, activation, and one-site licensing terms. A trial expiration or third-party software change is not itself a guarantee of continuing service. Any remedy for defective digital products, misleading representations, or breach of an express promise remains subject to applicable law and the governing transaction terms.
Unless expressly included in a signed scope of work, TMP does not provide legal advice or certify that a customer website complies with every accessibility, privacy, consumer protection, industry-specific, tax, or other regulatory requirement. Customers should consult qualified advisers where needed. This does not excuse TMP from obligations it expressly undertakes or duties imposed by law.
Customers should notify TMP promptly of a suspected issue and provide a reasonable description and supporting information so TMP can investigate. Contacting TMP does not waive legal rights or shorten any statutory limitation period. Disputes remain subject to applicable law and any enforceable written agreement; this page does not impose mandatory arbitration or waive class-action rights.
TMP may update this policy prospectively and publish the revised date. Material changes will not retroactively reduce rights under an existing contract or completed purchase where prohibited by law. Customers should retain copies of the terms presented when they enter into an agreement or purchase.
Questions about this policy or a specific claim may be submitted through the official Tone Media Promotions website contact page. Do not include passwords, full payment-card numbers, or other sensitive credentials in your message.
Visit Tone Media Promotions to contact TMP about this policy.
This draft requires review by qualified California counsel and confirmation against TMP’s actual agreements and operations before publication.
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