Terms of Service
Last updated: August 2, 2026
These Terms of Service ("Terms") govern your use of fcpsolution.com (the "Site") and any products, themes, or services offered by FCP Solutions ("FCP Solutions", "we", "us", or "our"). By using the Site or purchasing from us, you agree to these Terms.
1. Use of the Site
You may browse the Site for lawful purposes. You agree not to interfere with the Site's operation, attempt to gain unauthorized access to any part of it, or use automated systems to scrape or overload it.
2. Products and Services
We sell the Peerless HubSpot CMS theme under tiered one-time licenses, and we provide development services billed hourly or in prepaid blocks of hours. What each purchase includes is described on our pricing page at the time of purchase.
3. Licenses
Theme purchases are governed by our End User License Agreement, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the EULA regarding theme use, the EULA controls.
4. Payment
All prices are in U.S. dollars. Fees are due at the time of purchase unless we agree otherwise in writing. Prepaid development hours do not expire. Quoted prices may change at any time, but a change will not affect an order already placed.
5. Refunds
Because theme licenses deliver source code immediately, license fees are generally non-refundable once the files have been delivered. If something is materially wrong with what you received, contact us and we will work to make it right. Unused prepaid development hours may be refunded on request, less any hours already worked.
6. Services and Client Responsibilities
Where we perform development work, you agree to provide timely access to the accounts, content, and approvals the work depends on. Delays in providing these may affect schedules. Work product is delivered as described in the applicable proposal or scope.
7. Intellectual Property
The Site, the Peerless theme, and all related materials are owned by FCP Solutions and protected by intellectual property law. Except for the rights expressly granted in the EULA, no rights are transferred to you.
8. Third-Party Platforms
Our products are built for the HubSpot CMS. Your use of HubSpot is governed by HubSpot's own terms, and we are not responsible for changes to, or the availability of, any third-party platform.
9. Disclaimer of Warranties
The Site and our products are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or our products will be uninterrupted or error-free.
10. Limitation of Liability
To the fullest extent permitted by law, FCP Solutions will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising out of your use of the Site or our products. Our total liability for any claim will not exceed the amount you paid us in the twelve months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless FCP Solutions from any claims, damages, or expenses arising out of your misuse of the Site, your violation of these Terms, or your infringement of any third party's rights.
12. Termination
We may suspend or terminate your access to the Site at any time if you breach these Terms. Provisions that by their nature should survive termination will survive.
13. Governing Law
These Terms are governed by the laws of [STATE / JURISDICTION — TO BE COMPLETED], without regard to its conflict of law rules. Any dispute will be brought exclusively in the courts located in [COUNTY, STATE — TO BE COMPLETED], and you consent to that jurisdiction.
14. Changes to These Terms
We may update these Terms from time to time. The "last updated" date above reflects the most recent revision. Continued use of the Site after a change constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can go to info@fcpsolution.com or 860-478-2023.