Terms of Service
Last updated: May 06, 2026
Effective date: May 06, 2026
1. Introduction and Acceptance
Welcome to Primilink. These Terms of Service ("Terms") govern Your access to and use of the Primilink website at primilink.com and any related services, content, or resources We provide through this Website (collectively, the "Service"). By accessing or using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, please do not use the Service.
These Terms constitute a legally binding agreement between You and Primilink LLC, a Hawaii limited liability company located in Kailua-Kona, Hawaii ("Primilink", "We", "Us", or "Our"). For paid web design services, please refer to Section 4 below regarding separate Service Agreements.
2. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, You represent and warrant that You meet these requirements. If You are using the Service on behalf of a business or other legal entity, You represent that You have the authority to bind that entity to these Terms.
3. Description of the Service
Primilink is a Hawaii-based web design agency that provides website design, local SEO, Google Business Profile setup, and related digital marketing services to businesses. Through the Website, We offer:
- Information about Our services
- Educational content, blog posts, and free resources
- Contact and proposal request forms
- Communication tools for prospective and existing clients
The information and content provided on the Website is for general informational purposes only and does not constitute legal, financial, business, or other professional advice. You should not rely solely on Website content for business decisions.
4. Web Design Services and Separate Service Agreement
Primilink's professional web design and digital marketing services are provided pursuant to a separate written Master Services Agreement ("Service Agreement") signed by both Primilink and the client. The Service Agreement governs the specific terms of any paid engagement, including but not limited to:
- Project scope, deliverables, and timelines
- Pricing, payment terms, and the pay-after model
- Revisions and acceptance procedures
- Intellectual property ownership and transfer
- Confidentiality and project communication
- Termination and dispute resolution specific to the engagement
These Website Terms of Service do not create a binding agreement for the provision of paid services. Submitting a proposal request, contact form, or other inquiry through the Website does not create a contract for services. A binding services contract is only formed upon execution of a written Service Agreement by both parties.
5. Permitted Use of the Website
You may use the Website for lawful purposes only and in accordance with these Terms. You agree to use the Service in a manner consistent with all applicable laws and regulations.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Service for any unlawful purpose or in violation of any local, state, national, or international law
- Attempting to gain unauthorized access to the Website, Our servers, or any related systems or networks
- Using automated means (including bots, scrapers, or crawlers) to access, copy, or collect data from the Website without Our express written permission, except for legitimate search engines and AI assistants Our robots.txt explicitly permits
- Interfering with or disrupting the Service or any related servers or networks
- Transmitting any viruses, malware, or other harmful code
- Impersonating any person or entity, or falsely stating Your affiliation with any person or entity
- Harassing, abusing, threatening, or otherwise violating the rights of others
- Submitting false, misleading, or fraudulent information through any forms on the Website
- Copying, reproducing, modifying, distributing, or republishing any content from the Website without Our express written permission, except as expressly permitted by these Terms
- Using the Website's content, branding, or trademarks for any commercial purpose without authorization
- Reverse engineering, decompiling, or attempting to derive the source code of any software available on the Website
We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates these prohibitions.
7. Intellectual Property Rights
7.1 Our Content
The Service and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, designs, photographs, videos, audio, layouts, software, and code) are owned by Primilink LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 Trademarks
The Primilink name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Primilink LLC or its affiliates. You may not use such marks without Our prior written permission.
7.3 Limited License to Use the Website
Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:
- Resell or commercially use the Website or its content
- Collect and use any product or service listings, descriptions, or pricing
- Make derivative use of the Website or its content
- Use any data mining, robots, or similar data gathering tools
- Download or copy any account information for the benefit of another party
7.4 Free Resources and Downloads
From time to time, We may offer free downloadable resources, templates, guides, or other content. These are provided for Your personal use only. You may not redistribute, resell, or claim authorship of any free resources We provide without Our written permission.
8. User-Submitted Content
When You submit information through any form on the Website, including contact forms, proposal request forms, or other communications ("Submissions"):
- You represent that You have the right to submit the information and that it is accurate, current, and not misleading
- You grant Us a non-exclusive, royalty-free license to use, store, and process Your Submission for the purposes of responding to Your inquiry, providing services to You, or improving Our Service
- You acknowledge that We may use anonymized or aggregated data derived from Submissions for business analytics and improvement
- You agree not to submit confidential information that requires special protection without first establishing a written confidentiality agreement with Us
If You provide testimonials, reviews, or feedback that We may publish (including on the Website, in marketing materials, or in case studies), You grant Us a perpetual, royalty-free license to use, display, reproduce, and distribute such testimonials in any medium for marketing purposes. We will not publish identifiable client information without explicit consent.
9. Third-Party Links and Services
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Primilink. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused by Your use of any third-party website or service.
We may also recommend or refer You to third-party tools, software, or services. Any such recommendations are provided for informational purposes only. You are solely responsible for evaluating and engaging with any third-party service.
10. Disclaimers and No Warranties
10.1 Service Provided "As Is"
The Website and all content, information, products, materials, and services on the Website are provided "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permitted by law, We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
10.2 No Guarantee of Results
We make no warranty that the Service will meet Your specific requirements, that the Service will be uninterrupted, timely, secure, or error-free, or that any errors in the Service will be corrected. Any educational content, blog posts, case study results, or examples shared on the Website are illustrative only. We do not guarantee that any specific business outcomes (such as revenue increases, lead generation, search rankings, or conversion rates) will be achieved by You or any client. Results depend on many factors outside Our control, including market conditions, competition, business operations, and execution.
10.3 Information Not Professional Advice
Content provided on the Website is for general informational purposes only and is not intended as legal, financial, accounting, marketing, or other professional advice. You should consult with qualified professionals before making business decisions based on Website content.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Primilink LLC, its members, officers, employees, agents, or contractors be liable for:
- Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses
- Any damages resulting from Your access to or use of, or inability to access or use, the Service
- Any damages resulting from any conduct or content of any third party on the Service
- Any damages resulting from unauthorized access, use, or alteration of Your transmissions or content
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if We have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Our liability shall be limited to the maximum extent permitted by law. To the extent permitted by applicable law, Our total liability to You for all claims arising from or related to the Website shall not exceed one hundred dollars ($100) USD.
For paid services governed by a separate Service Agreement, the limitations of liability set forth in that Service Agreement shall apply.
12. Indemnification
You agree to defend, indemnify, and hold harmless Primilink LLC, its members, officers, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Service in violation of any law or the rights of any third party
- Any content You submit to the Service that infringes the intellectual property rights or other rights of any third party
- Any false, misleading, or fraudulent information You provide
13. Modifications to the Service
We reserve the right to modify, suspend, or discontinue the Website or any portion of it at any time, with or without notice. We will not be liable to You or any third party for any modification, suspension, or discontinuation of the Service.
14. Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will immediately cease.
The provisions of these Terms that, by their nature, should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions. The federal and state courts located in the County of Hawaii (Big Island), State of Hawaii, shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or Your use of the Service. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
16. Dispute Resolution
16.1 Informal Resolution
Before filing any formal legal action, You agree to first contact Us at elijah@primilink.com to attempt to resolve any dispute informally. We will work in good faith to resolve any concerns within 30 days of receiving notice.
16.2 Binding Arbitration (Optional)
If informal resolution is not successful, any unresolved dispute arising out of or relating to these Terms or the Service may be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration to take place in Hawaii. Both parties waive the right to a jury trial. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.
16.3 Class Action Waiver
You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.
17. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify You of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes Your acceptance of the new Terms. If You do not agree with the modified Terms, You should discontinue use of the Service.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
19. No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us.
20. Entire Agreement
These Terms, together with Our Privacy Policy and any separate Service Agreement You may enter into with Us, constitute the entire agreement between You and Primilink regarding the use of the Service and supersede any prior agreements between You and Us relating to the Service. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail with respect to the specific services covered.
21. Independent Contractor Relationship
Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between You and Primilink. Primilink is and shall remain an independent contractor in any client engagement.
22. Force Majeure
Primilink shall not be liable for any failure or delay in performance under these Terms due to causes beyond Our reasonable control, including but not limited to acts of God, natural disasters, severe weather (including events specific to Hawaii such as hurricanes, tsunamis, and volcanic activity), war, terrorism, civil unrest, governmental action, internet or telecommunications failures, power outages, or pandemics.
23. Contact Information
If You have any questions about these Terms, please contact Us:
- By email: elijah@primilink.com
- By phone: (808) 896-9125
- By mail: Primilink LLC, PO Box 1251, Kailua-Kona, HI 96740
By using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service.