By visiting AssociateBloggers.com or any if its subsidiaries you agree to abide by the following Terms and Conditions. Please take a moment and get familiar with our Terms and Conditions. If you do not agree or chose not to abide by our Terms and Conditions please leave the website immediately. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the AssociateBloggers.com Web site means that you accept those changes.
Client/Visitor = You
Blog = Client Blog / Website
Company = Associate Bloggers, LLC, AssociateBloggers.com, and its Partners, Affiliates, and Associates
General Terms of Service
Client is solely responsible for any liability arising out of or related to the Blog. Client agrees to indemnify and hold Company harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and expert service fees, associated with any claim or action brought against Company related to or arising out of the Blog or Client’s breach of its warranties and terms of this Agreement.
Company has the right to monitor any Blog for any purpose and/or usage, and in its sole discretion to remove any content that it finds objectionable for any reason, without prior notice to Client in the case the content is extremely offensive. In most cases, Company will contact Client prior to action.
Company owns and retains full rights to any proprietary code, programs. or software developed by Company. Client is permitted to use Blog software, themes, plugins and other materials provided by Company. Client does not receive rights to the materials, and waives their usage rights if Client cancels account with Company. Client owns all content added into the Blog, assuming it was original and does not infringe on existing copyrights. Any software used in Blog products or services released under the General Public License (GPL) is governed by such agreement terms.
Client is not permitted to transfer or release publicly or privately any Company provided documentation, themes or plugins to any other party without prior written authorization pending review of transfer by the Company. WordPress default archive files (install files) and any third party themes or plugins which were installed using the WordPress repository or purchased and manually installed by Client are excluded from transfer restrictions.
Service Fees, Cancellation, and Refunds
Client agrees to authorize Company to charge provided credit/debit card for monthly Blog hosting, as agreed to at time of signup, and for any due invoices.
Client may cancel service anytime. To cancel, please contact us using one of the options on our contact page. You may also submit a cancel service request from within your account, by visiting the services page.
Upon cancellation, Blog will remain active for remainder of the paid billing cycle, and no further charges will be processed. After the last paid billing cycle completes, the blog will become unavailable. Client may request a copy of the content in the form of a database dump for up to 30 days after end of cycle. Blog files will not be transfered to Client if any proprietary files are inlcuded in the account. Client may NOT transfer to any other hosting provider, any member Company Plugin(s) or Theme(s) provided by the Company. Only the Client WordPress CMS system files, WordPress database, and Client Uploaded Files may be transfered. Client is advised to contact us with any questions prior to moving to another hosting provider.
Client owns domain from date of purchase or signup. Company is not responsible for domain or maintenance of domain, even if Company pays for domain as part of any promotion. After cancellation, Client is responsible for maintaining domain ownership. Please contact us for more information.
Restrictions on Use of Our Online Materials
All Online Materials on the Company site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Company. You, the Visitor/Client, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes or use automated tools against our Website. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Company site. Any attempts to modify any Online Material, or to defeat or circumvent our security features are prohibited. You may not copy, modify or reuse and client side code from any part of our Website(s); excluding standard browser rendering.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Company or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Company mission, without compensating you or anyone else for them. However, rewards may be considered.
You acknowledge that you are responsible for any submission you make, or are made using your confidential login credentials. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE OR SERVICES.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Company-operated site or have moved to another site. Company is not responsible for the content or practices of third party sites that may be linked to our site. When Company provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Company is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Company site or endorsement, sponsorship or support of Company, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by Company. Company may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Company is entitled to terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate Company and/or its affiliates' intellectual property rights, Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator from our State or location. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in our State or location, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
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