Complete Terms of Service Agreement
By purchasing services from halfCreative Consulting, you agree to be bound by the following terms and conditions:
half-creative.com is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on half-creative.com or offered privately to each individual client.
You are engaging half-creative.com, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes half-creative.com access and “write permissions” to all directories and files of your account with half-creative.com or any other third party hosting provider.
half-creative.com does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Promotional offers are not cumulative.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without notice. Once a client of half-creative.com (halfCreative), you authorize half-creative.com to charge the payment method you submitted for all the invoices generated for the services rendered by half-creative.com (halfCreative). In order to change your payment method, simply contact support prior to your payment’s due date.
CANCELLATION & REFUNDS
Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.
Refunds for all other products and services offered by half-creative.com (halfCreative) are available in full only 72hr immediately after purchase. No Refunds are available after your purchased package or service has been started unless otherwise specified in any authorized promotional materials and marketing campaigns.
REFUSAL OF SERVICE
half-creative.com (halfCreative) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services. Limited Warranties.
No Other Warranty.
half-creative.com does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), half-creative.com, does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. half-creative.com does not warrant that the services will be uninterrupted, error-free, or completely secure. Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
half-creative.com does not and cannot control the flow of information to or from half-creative.com’s network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inaction’s of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). half-creative.com cannot guarantee that such events will not occur. Accordingly, half-creative.com disclaims any and all liability resulting from or related to such events. Delays and Interruptions
half-creative.com shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use, and suitability of the services, and half-creative.com shall have no liability therefor. Except to the extent of half-creative.com’s gross negligence or willful misconduct, neither half-creative.com nor its network services supplier will be liable for unauthorized access to half-creative.com’s or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of half-creative.com’s or its network service supplier’s negligence. Indemnification.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributory caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify half-creative.com and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse half-creative.com (halfCreative) and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by half-creative.com and its affiliates in connection with any such Losses. Consequential Damages
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise. Acceptance Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. half-creative.com (halfCreative Consulting) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. Please contact us with any questions regarding the half-creative.com terms of service by email [email protected]
1. Terms and Conditions:
The following terms and conditions govern all use of the websites, content, services, features, applications and products made available by or through half-creative.com (halfCreative, Us, We, Our). Our services include website support, hosting, migration, development, repair, monitoring, security, migration, performance audit, and performance optimization (taken together, the Services).
The term “you” or “your” as used in this Agreement shall at all times include the individual and any company on whose behalf an individual accesses the Sites and Services.
Please read this Agreement carefully. By accessing or using any part of the Site and Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Sites and Services. If these terms and conditions are considered an offer by Us, acceptance is expressly limited to these terms.
By accessing or using any part of the Sites and Services, you represent that you are of legal age to form a binding contract with Us and you have the power, authority and legal right to enter into this Agreement personally or on behalf of any company you indicate when submitting a Service Request and to perform the obligations in this Agreement, and that your use of the Sites and Services will not infringe or misappropriate the intellectual property rights of any third party.
2. User Accounts
You may subscribe to Our Services by signing or submitting an online Service Request (the Service Request) provided on the Sites and by submitting selections for additional services or features within your user account (individually and collectively a Service Request). By submitting the Service Request you warrant and represent that all registration information is true, accurate, current and complete. You agree to notify Us immediately of any changes in your registration information and any unauthorized use of your username and passwords.
As a condition of using the Services, you are required to open an account with Us and select a username and password, and to provide registration information on the Service Request. You are solely responsible for maintaining the confidentiality of your username and password, and you agree to accept responsibility for all activities that occur under your username and password. You agree that you are solely responsible for any losses arising out of the unauthorized use of your username and passwords.
In order to provide Services, We may require you to provide login credentials (Login Credentials) including without limitation FTP, SSH, registrar, hosting, control panel, or CMS and you agree to provide your Login Credentials upon Our request. We maintain secure processes and procedures to collect and maintain Login Credentials and You agree to submit Login Credentials only through Our approved processes and procedures. We will keep Login Credentials received through our approved processes and procedures confidential and will disclose them only to Our employees and Agents as necessary to provide the Services. You agree to immediately inform Us of any changes to your Login Credentials. You agree to accept the risk of loss arising, proximally or otherwise, out of your actions to disclose Login Credentials to Us through any method other than our approved processes and procedures and from your failure to immediately advise Us of any changes to your Login Credentials.
We reserve the right in Our sole discretion to refuse to issue accounts, suspend or terminate accounts, or otherwise restrict access to the Sites and Services for any reason, including without limitation if we deem your use or proposed use of the Sites and Services to be in violation of our Terms of Service. We do not provide Services to websites that contain adult content. Adult content includes pornography, erotic images, or otherwise lewd or obscene content or subject matter. The designation of “adult content” is left entirely to Our discretion.
3. Terms and Conditions of Service
We provide a broad spectrum of website tech support, security, maintenance, performance optimization, hosting and migration services. When you submit a Service Request, you may be required to specify the level of Services you wish to purchase. As a condition of using the Sites and Services, you agree to the following:
- The Services shall be limited to those selected by you and specified on the Service Request. If you would like to receive additional Services, you must submit a separate Service Request and pay the then-current fees for each additional Service.
- Your use of the Services may result in minor service interruptions of your website.
- Your use of the Sites and Services is subject to reasonable use. If a Service expressly includes an unlimited feature, the term “Unlimited” is also subject to reasonable use. We reserve the right to terminate or suspend your access to any and all Sites and Services if we determine, in Our sole discretion, that your use of the Sites and Services is unreasonable.
- We are not responsible or liable for your choice of any third party service providers, including without limitation your choice of website host. You acknowledge that we have no control over such third party service providers and you agree that their services may limit the performance, stability, security, and overall experience of ownership of your website.
- You agree to immediately inform Us of any change in your choice of third party service providers, including without limitation your choice of website host, and you agree to accept the risk of loss arising, proximally or otherwise, out of your failure to do so.
- If you select Services in your Service Request that expressly state that backups of your website are included in the Services, We will provide backups of your website per the terms of your Service Request. If backups are not expressly stated in the Services selected in your Service Request, you acknowledge that you are solely responsible for backing-up all of your content and websites. Unless expressly stated in the Services selected in your Service Request, (i) We do not back-up any of your content or websites (ii) You agree to maintain current back-ups of your website and (iii) you agree to accept the risk of loss of any and all of your content and websites arising, proximally or otherwise, out of your failure to do so.
- We provide the Services consistent with industry standard best practices; however, there are inherent risks to all website related services, such as the Services. Although ancillary damage rarely occurs, you acknowledge this inherent risk and you agree that we are not responsible and We are not liable for any loss of use, data or profits, or for any business interruptions however caused while you are using the Services.
- Website security is a continuous endeavor and requires routine and vigilant protection against constantly changing and new malicious attacks. We provide the Services consistent with industry standard best practices, but We do not guarantee that (i) the Services will eliminate the possibility of infection or re-infection of your website, (ii) your website will operate perfectly after application of the Services, (iii) all defects or errors on your website can or will be corrected, (iv) any security software or updates provided through the Services are free from short-term or long-term side effects, (v) updates generated by third parties can or should be applied to your website (some third party upgrades may force the need for additional modifications to your website that are beyond the scope of the Services specified in your Service Request), (vi) updates generated by third parties are error free, will not cause service interruptions, or will not require ancillary maintenance.
- You agree that your use of or behavior with your website, including your use of weak passwords, can jeopardize your website security. You acknowledge and agree that you are solely responsible and liable for any security vulnerabilities caused by or in connection with or arising out of your behavior with your website, including without limitation, your use of weak passwords.
- Like website security, maintaining website performance is a continuous endeavor and requires routine and vigilant updates. Website performance is impacted by any number of factors, including without limitation web traffic, content, infrastructure, third-party hosting providers, third-party plugins, developers, CDN, web application firewalls, changes you make to your website outside of the Services, etc., and incompatibilities may arise among any and all of these factors. We do not guarantee that (i) the Services will be the only optimizations necessary for your website, (ii) you will not have to alter your website content to increase your website performance, (iii) the Services will prevent future reductions in website performance, (iv) the Services will remove all incompatibilities between third party resources, (v) your current choice of third party resource providers will be compatible or compliant with the Services, (vi) your current website hosting service can support your website at optimal performance, and (vii) that the Services will increase your website speed to a specific speed grade (A-F).
- If you are located in a European Economic Area member state, this paragraph applies only to you. We are the data controller for your personal data submitted with your Service Request (e.g. contact information, credit card number). For all other personal data you submit through your use of the Sites and Services, we are the data processor Where We are the data processor, We will endeavor to use such personal data only as instructed by you and not for any other purpose.
- You agree that We may identify you as a client and link to your website, as an example of Our work, for marketing to other potential clients.
4. Third Party Resources
The Sites and Services allow you to link to, install or utilize certain third party resources or third party resources may contain links to the Sites and Services. The third-party resources are provided “AS IS” and governed by their own terms of service and privacy policies as set for by the third parties that provide them. Because We have no control over such third party resources, you agree that We are not responsible or liable for and We do not endorse the services or features provided by these third-party resources you choose to link to, install or utilize or that contain links to the Sites and Services. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any third party resources.
By submitting a Service Request you agree to pay Us the one-time, monthly or annual subscription fees indicated for your selected Services. Payments will be charged on a pre-pay basis on the day you submit Service Request and will cover the use of the Services for the one-time, monthly or annual subscription period as indicated.
Unless you notify Us before the end of the applicable monthly or annual subscription period that you want to cancel Services, your Services subscription will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee for your selected Services (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Services can be canceled at any time in your user account or by requesting cancelation in writing by emailing [email protected] prior to your next service renewal.
If your fee for Services is payable in recurring installments, you agree to pay such installments on the date and by the payment method indicated on your Service Request. In the event you fail to make an installment payment, you agree that the remaining fees shall become immediately due and payable and you hereby authorize Us to collect the remaining fees (as well as any taxes) using any credit card or another payment mechanism We have on record for you.
Purchases of Services may be canceled within 24 hours of submitting Service Request, provided that we have not provided the Services or provided any partial Services (the Cancellation Period). After the Cancellation Period, all fees are nonrefundable, except as specifically stated in this Agreement.
If We cancel your Services for any reason other than for your breach of this Agreement, including but not limited to your breach of our published rules, policies, procedures, terms and conditions, we will refund a prorated portion of your one-time, monthly or annual subscription fee.
If We determine, in our sole discretion, that We cannot provide the Services, we will refund the full amount of your one-time, monthly, or annual subscription fee.
We reserve the right to terminate or suspend your access to any and all Sites and Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your access to the Sites and Services, you may do so by contacting Us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
8. Intellectual Property
This Agreement does not transfer from Us to you any of Our or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us. halfCreative, half-creative.com and all content included in the Sites and Services, such as text, graphics, page headers, logos, button icons, scripts, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website and all other trademarks, service marks, service names and any other intellectual property used in connection with the Sites and Services are the sole and exclusive property of halfCreative, or Our licensors and are protected by United States and international copyright and trademark laws. Other copyrights, trademarks, service marks, graphics, and logos used in connection with the Sites and Services may be the trademarks of other third parties. Your use of the Sites and Services grants you no right or license to reproduce or otherwise use any of Our or third-party copyrights or trademarks.
9. Use of Sites and Services
You may not use the Sites and Services to promote adult content. Adult content includes pornography, erotic images, or otherwise lewd or obscene content or subject matter. The designation of “adult content” is left entirely to Our discretion. You may not use the Sites and Services to violate any local, state or federal law or regulation. In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation;, distribution of child pornography, child erotica, non-consensual sex acts or bestiality; illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against Our system, network or employees, including behavior that results in a server being the target of a denial of service attack. You may not verbally, either orally or in writing, abuse Our staff. What constitutes a violation of this section will be determined by Us in our sole discretion.
We may modify this Agreement from time to time. If we make changes that are material, we will let you know by posting an announcement on the Sites. What constitutes a material change will be determined by Us in our sole discretion. If you disagree with our changes, then you should stop using the Sites and Services. Your continued use of the Sites and Services will be subject to the new Agreement. However, any dispute that arose before the changes shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the dispute arose.
You agree to indemnify and hold Us and our affiliates, directors, officers, agents, and employees harmless from any claim, demand, or expenses, including attorneys’ fees, arising out of your use of the Sites and Services, your violation of this Agreement, or your violation of any rights of another, including without limitation, your violation of the intellectual property rights of another.
12. Disclaimer of Warranty
The Sites and Services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Sites, the effectiveness of the Services, or the information, content, materials, or products included with the Sites and Services. You expressly agree that your use of the Sites and Services are at your sole risk. To the full extent permissible by applicable law, We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, damage to your person or property, computer systems, devices, or websites, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of your use of the Sites and Services, even if advised of the possibility of such damage.
13. Limitation of Liability
In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the subject matter of this Agreement. In no event shall We be liable for any amount that exceeds the fees paid by you to Us under this Agreement during the six (6) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond Our reasonable control.
In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of a third party attack on Our computer systems or the loss or theft of data from Our computer systems.
14. Governing Law
This Agreement, constitutes the entire agreement between Us and you concerning the subject matter of this Agreement, and it may only be modified by a written amendment signed by an authorized executive of Ours, or by the posting by Us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Sites and Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon.
Any controversy or dispute arising out of or relating to this Agreement, or the breach of this Agreement, shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having competent jurisdiction. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of an agreement within 30 calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be Multnomah County, Oregon, U.S.A. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award.
16. Waiver and Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any portion of this Agreement is held to be illegal or unenforceable, that portion will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- User’s Acknowledgment and Acceptance of Terms
- Description of Services
We make various services available on this site including, but not limited to, web design, web development, WordPress maintenance subscriptions, WordPress support, social media marketing subscriptions, search engine optimization subscriptions and other like services. You are responsible for providing, at your own expense, all equipment and software necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
- Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
- Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone elses use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- Intellectual Property Information
Copyright (c) 02-19-2015 halfCreative All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Users Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Adam Doud
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
- Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
- Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
- Governing Law
This site (excluding any linked sites) is controlled by us from our offices within OR, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of OR, by accessing this site both of us agree that the statutes and laws of the State of OR, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of OR with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at halfCreative. if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Entire Agreement
- Support Requests & Development Time
Support must be requested through our helpdesk so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our helpdesk upon registration and will also find a link to our helpdesk in your WordPress Dashboard. Support requests are subject to approval.
Acceptable support requests would include the following:
* Theme/plugin troubleshooting
* Site optimization inquiries (load time, caching, etc)
* Plugin/code conflicts
* Theme/plugin installation
Unacceptable support requests would include:
* Custom theme/plugin development
* Site design
* SEO setup/troubleshooting
If you have questions regarding the nature of your support request please contact us at [email protected] for clarification.
Additional time can be used as chat support or actual development hours but all of the above are subtracted from any additional time purchased. Development time requested will be billed at our hourly rate of $100/hr. While we will do our best to keep the same developer assigned to individual projects we cannot guarantee this at any time.
You may cancel service at anytime by contacting us and requesting cancellation of services. Your service will cancel/terminate within 2 business days of notifying us.
We maintain a policy of no refunds. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information