Terms of Service

Effective Date: January 1, 2025  |  Last Updated: June 23, 2026

Please read these Terms of Service ("Terms") carefully before using the website or services operated by Thompson Media Company ("Company," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

State-Specific Notice: Certain provisions of these Terms are subject to state consumer protection laws in Colorado, Montana, Nebraska, North Dakota, South Dakota, and Wyoming. Where those laws provide stronger protections or impose additional requirements, those laws govern. See Section 14 for state-specific disclosures.

1. Acceptance of Terms

By accessing or using our website and services, you confirm that you are at least 18 years of age, have read and understood these Terms, and agree to be legally bound by them. If you do not agree, please do not use our website or services.

Nothing in these Terms shall be construed to waive, limit, or supersede any rights you have under applicable state or federal consumer protection law.

2. Services

Thompson Media Company provides marketing services including, but not limited to, web development, social media management, graphic design, photography, and videography. The specific scope of services, deliverables, timelines, and fees for any engagement are governed by a separate written service agreement or proposal signed by both parties.

3. Website Use

Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to any part of our website or systems
• Transmit any harmful, offensive, or disruptive content
• Scrape, copy, or reproduce our website content without prior written permission
• Use automated tools to access or interact with our website

Intellectual Property

All content on this website—including text, graphics, logos, images, and software—is the property of Thompson Media Company or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

4. Quote Requests and Inquiries

Submitting a quote request through our website does not create a binding contract. A service engagement begins only upon execution of a written service agreement or proposal signed by both parties. All quotes are estimates and may be adjusted based on final project scope.

5. Client Responsibilities

In connection with any services, you agree to:

• Provide accurate and complete information required for us to perform services
• Review and approve deliverables in a timely manner
• Ensure that any materials, content, or assets you provide to us do not infringe any third-party rights
• Pay for services in accordance with the agreed payment terms

6. Payment Terms

Payment terms are specified in individual service agreements. Unless otherwise agreed:

• Invoices are due upon receipt or within the timeframe stated on the invoice
• Late payments may be subject to late fees as specified in the service agreement
• Failure to pay may result in suspension or termination of services

7. Automatic Renewal and Subscription Terms

Where a service agreement includes recurring or automatically renewing terms, the following disclosures apply. These provisions are required under Colorado law (C.R.S. § 6-1-732, as amended effective August 6, 2025) and reflect best practices for all states we serve.

Before you enter into any automatically renewing service agreement with us, we will clearly and conspicuously disclose:

• That the agreement will automatically renew unless you cancel before the renewal date
• The length of the renewal term
• The recurring charges that will apply
• How to cancel the agreement

We will provide you with a written acknowledgment of any automatic renewal terms at the time of contracting. For agreements with renewal terms longer than one month, we will send you a reminder notice between 25 and 45 days before the automatic renewal date.

Cancellation Rights: If you enrolled in any recurring service agreement through our website or an online process, you may cancel online using the same method you used to enroll, or by contacting us directly using the information in Section 17. Cancellation will take effect at the end of the then-current service term unless otherwise specified in your service agreement.

Colorado Residents: Automatic renewal terms for Colorado consumers will not exceed one year per renewal term unless you provide express written consent for a longer term. You have the right to cancel within the timeframes set forth in your agreement without penalty, except for charges already earned.

8. Intellectual Property — Client Work

Upon full payment of all fees, you will own the final deliverables created specifically for you, except as otherwise specified in a service agreement. The Company retains the right to display completed work in its portfolio and marketing materials unless you request otherwise in writing.

The Company retains ownership of all underlying tools, templates, frameworks, and methodologies used to create deliverables.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with services, and to use such information only for the purposes of the engagement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party independently develops without reference to the disclosing party's confidential information.

10. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Nothing in this disclaimer limits or excludes any warranty that cannot lawfully be disclaimed under applicable state consumer protection law, including the consumer protection statutes of Colorado, Montana, Nebraska, North Dakota, South Dakota, and Wyoming. If you are a consumer protected by such laws, your statutory rights remain unaffected.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Thompson Media Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from services shall not exceed the total fees paid by you for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

Important Limitation on Limitation: This limitation of liability does not apply to: (a) damages caused by our gross negligence, willful misconduct, or fraud; (b) any liability that cannot be excluded or limited under applicable consumer protection or other law; or (c) your rights under the consumer protection laws of Colorado (C.R.S. §§ 6-1-101 et seq.), Montana (Mont. Code Ann. §§ 30-14-101 et seq.), Nebraska (Neb. Rev. Stat. §§ 59-1601 et seq.), North Dakota (N.D. Cent. Code §§ 51-15-01 et seq.), South Dakota (S.D. Codified Laws §§ 37-24-1 et seq.), or Wyoming (Wyo. Stat. §§ 40-12-101 et seq.).

12. Indemnification

You agree to indemnify and hold harmless Thompson Media Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any applicable law or regulation; or (c) any content or materials you provide to us that infringe the rights of any third party.

We will not seek indemnification from you for claims arising from our own negligence, willful misconduct, or breach of contract. Indemnification obligations under these Terms are subject to any limitations imposed by applicable state law.

13. Termination

Either party may terminate a service engagement in accordance with the terms of the applicable service agreement. We reserve the right to terminate or suspend access to our website at our sole discretion, without notice, for conduct we believe violates these Terms or applicable law.

14. State-Specific Consumer Protection Disclosures

These Terms are intended to comply with applicable state consumer protection laws in each state where we operate. To the extent any provision of these Terms conflicts with a mandatory requirement of applicable state law, the applicable state law governs.

14a. Colorado Residents

These Terms are subject to the Colorado Consumer Protection Act (C.R.S. §§ 6-1-101 et seq.). Nothing in these Terms waives any right you have under Colorado law, including the right to bring a consumer protection claim for unfair, deceptive, or unconscionable trade practices. The limitation of liability in Section 11 applies only to the maximum extent permitted under Colorado law.

Automatic Renewal (Colorado): As a Colorado consumer, automatic renewal terms in any service agreement with us will comply with C.R.S. § 6-1-732, as amended. You will receive clear and conspicuous disclosure of renewal terms before enrollment, a written acknowledgment of those terms, advance notice of upcoming renewals, and a simple online method to cancel if you enrolled online.

14b. Montana Residents

These Terms are subject to the Montana Consumer Protection Act (Mont. Code Ann. §§ 30-14-101 et seq.). Nothing in these Terms waives any right you have under Montana law, including the right to bring a consumer protection claim for unfair or deceptive trade practices. You may contact the Montana Office of Consumer Protection at dojmt.gov/consumer or 800-481-6896 to report concerns about our business practices.

14c. Nebraska Residents

These Terms are subject to the Nebraska Consumer Protection Act (Neb. Rev. Stat. §§ 59-1601 et seq.) and the Nebraska Uniform Deceptive Trade Practices Act (Neb. Rev. Stat. §§ 87-301 et seq.). Nothing in these Terms waives any right you have under Nebraska law. Nebraska law prohibits unconscionable acts or practices by a supplier in connection with a consumer transaction. You may contact the Nebraska Attorney General's Consumer Protection Division at ago.nebraska.gov to report concerns.

14d. North Dakota Residents

These Terms are subject to the North Dakota Consumer Fraud Act (N.D. Cent. Code §§ 51-15-01 et seq.), which prohibits deceptive and unconscionable trade practices in connection with the sale of goods and services. Nothing in these Terms waives any right you have under North Dakota law.

14e. South Dakota Residents

These Terms are subject to the South Dakota Deceptive Trade Practices and Consumer Protection Act (S.D. Codified Laws §§ 37-24-1 et seq.). Nothing in these Terms waives any right you have under South Dakota law. You may contact the South Dakota Division of Consumer Protection at consumer.sd.gov to report concerns about our business practices.

14f. Wyoming Residents

These Terms are subject to the Wyoming Consumer Protection Act (Wyo. Stat. §§ 40-12-101 et seq.), which prohibits unfair or deceptive acts or practices in the conduct of trade or commerce. Nothing in these Terms waives any right you have under Wyoming law. You may contact the Wyoming Attorney General's Consumer Protection Unit at wyomingag.gov to report concerns.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Williams County, North Dakota.

Notwithstanding the foregoing, if you are a resident of another state and applicable law in your state of residence provides you with the right to bring claims in your home state or under your home state's law, nothing in this governing law provision shall be interpreted to waive that right.

16. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, where required by applicable law (including under automatic renewal provisions applicable to Colorado consumers), by providing you with direct advance notice of material changes to any ongoing service agreement. Your continued use of our website after any changes constitutes your acceptance of the updated Terms.

17. Contact Us

If you have questions about these Terms, wish to cancel a service agreement, or wish to exercise any rights described in these Terms, please contact us:

Thompson Media Company
Williston, ND 58801
Website: thompsonmediaco.com/quote (contact and cancellation requests)