These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website and the services described within, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Collin Stover Web Design & Internet Marketing, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or
may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in
relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Collin Stover Web Design & Internet Marketing, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Collin Stover Web Design & Internet Marketing, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Collin Stover Web Design & Internet Marketing, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Collin Stover Web Design & Internet Marketing, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Collin Stover Web Design & Internet Marketing, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Collin Stover Web Design & Internet Marketing, LLC, including its officers, directors, employees, and contractors shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or membership services.
You hereby indemnify to the fullest extent Collin Stover Web Design & Internet Marketing, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
Collin Stover Web Design & Internet Marketing, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Collin Stover Web Design & Internet Marketing, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Membership Program Terms
One feature of this Website and its services is the “Membership Program.” The following terms apply to those who are signed up for the membership program:
- Memberships are “no-contract,” meaning that they do not have a term period. You can cancel any time you like via the Paypal user interface, or by asking me to suspend payments.
- Payments are scheduled and performed automatically each month. By not cancelling your membership, you are authorizing me to charge you at your membership rate.
- Once a scheduled payment has been made, a refund may be requested but is not guaranteed. Collin Stover Web Design & Internet Marketing, LLC reserves the right to deny a refund for any reason.
- Most membership plans include a fixed amount of time that you are able to use in a given month. This time does not roll over from month to month, and expires when the next billing period begins.
- Additional hours may be purchased a la carte at the “discount member rate” of $97/hour.
- I make weekly back-ups of all client sites (usually on Mondays), which I keep on my own server. I retain a minimum of 2 back-ups per client site, meaning that you can revert to this week’s backup or last week’s backup at any time. These back-ups are performed via a third-party plug-in and therefore cannot be guaranteed complete or error-free. It’s a good idea for you to also make back-ups, or to have your Web Host configure additional back-ups.
- I display my Website link in the footer of all client Websites. This is good for both of our Google rankings.
- I do make use of third-party contractors in order to spend the most of my time helping you personally. These third-party contractors may be given administrator access to certain parts of your Website to perform maintenance, updates, backups, or other scheduled tasks. Reasonable steps have been taken to ensure the fidelity and security of this arrangement. If at any time you would like me to personally perform all work on your site and revoke all access from third-party contractors, you must do so in writing. I will revoke access within 7 days and request that any relevant data be destroyed.
- In the event of a payment lapsing, Paypal will usually try again in a few days. If your payment continues to fail, your membership may be cancelled.
- In most cases where I am performing work for you, you own the exclusive copyright and may use the work however you see fit. In certain cases, which will be mentioned in writing, I may opt to retain part or full ownership of work I create.
- In order to build up content in my membership site, I may occasionally use you, your business, your likeness, or screenshots/screen-captures of your Website and/or work I am performing for you for instructional purposes. I will thoroughly check each video to the best of my ability for any proprietary information that needs to be scrubbed. Most of these videos will simply be showing the WordPress dashboard. I own the exclusive copyright to these videos and may use/share them as I see fit, however you reserve the right to ask me to take down any video which features your Website. You must do so in writing and allow me at least 7 days to take down the content. You may also opt-out entirely from this program, in which case I will no longer use your Website for instructional purposes. Note that this program is meant to benefit you as well, as I will be able to (A) show you how to make specific changes on your Website and (B) share your Website as an example to others which may get you new clients, open up new business opportunities, or increase your search engine rankings.
- When your membership ends, either through cancellation, failure of payment, or otherwise, the following happens:
- Site updates are no longer performed by me and my team.
- Site backups are no longer performed by me and my team.
- After a short optional grace-period, all third-party contractors will have their access revoked from your site.
- Your access to Collin Stover Web Design & Internet Marketing, LLC membership sites will be revoked. You may not attempt to re-access or re-distribute the materials contained within the membership site.
- I will continue to provide basic Email support (within reason, which will be determined by me), however any on-site changes, substantial consultation time, or what would otherwise be considered by most to be professional work will be billed at the standard non-member rate of $197/hour.
- You may re-activate your membership at any time at the discretion of Collin Stover Web Design & Internet Marketing, LLC. Note that I cannot guarantee your previous rates. When you cancel membership, you lose any “grandfather pricing” you may have had, and are subject to the latest offers.
- IMPORTANT DISCLAIMER: The nature of any program such as this is that I will be working closely with you and your Website to hopefully make it better and improve your business. I hope it goes without saying that you know your business best. I am human, and therefore my advice and IT support should never be considered error-free. Any advice I give you should be carefully considered before taking action on or authorizing. I take absolutely zero responsibility for any damages, breaches, or losses (financial, personal, or otherwise). I am also not a lawyer and am not authorized to give professional legal advice. Any suggestions I make should be carefully considered with your legal and tax professionals.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Collin Stover Web Design & Internet Marketing, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Pennsylvania for the resolution of any disputes.
Last updated 1/23/2018