Terms and Conditions (“Terms”)
Last updated: October 9, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://wp1099.com website (the “Site”) and the WP1099 software (the “Plugin”) operated by OIZULED.COM LLC (“WP1099”, “us”, “we”, or “our”).
Your access to and use of the Plugin and the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site or Plugin.
By accessing or using the Site or Plugin you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or Plugin.
We may terminate or suspend access to our Site or Plugin immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall pay all fees specified in any Plugins or use of the Site. Such fees shall be billed in advance and are non-refundable except as specifically mentioned in these Terms and Conditions. Except for refunds provided for within the first fourteen (14) days (as described in the WP1099 Refund Policy), there will be no refunds provided.
We reserve the right to modify our billing rates at any time by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Plugin (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Site are the property of us or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.
Links To Other Web Sites
Our Site may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You agree to defend, indemnify and hold harmless us and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site or Plugin, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Site.
Limitation Of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site or Plugin; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site and Plugin is at your sole risk. The Site and Plugin are provided on an “AS-IS” and “AS-AVAILABLE” basis. The Site and Plugin are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WP1099, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site or Plugin will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site or Plugin is free of viruses or other harmful components; or d) the results of using the Site or Plugin will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Maricopa County, Arizona, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Plugin, howsoever arising, provided always that we may seek and obtain injunctive relief in any jurisdiction.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site or Plugin, and supersede and replace any prior agreements we might have had between us regarding the Site or Plugin.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. We have no obligation to provide this notice. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.