Pro WebFire (“We,” “Us,” “Our”) provides various business services, products, and goods (“Services”) through the Pro WEBFIRE website (“Website orSite” ). This Service is offered subject to Your acceptance of these Terms ofService (“Terms”) as well as any relevant sections of the Pro WEBFIRE PrivacyPolicy. Please read these notice, terms, and conditions (“Terms”) carefully before using OurService.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:
a) HAVE READ THESE TERMS,
b) UNDERSTAND THESE TERMS, AND
c) ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us. You agree that you are accessing the Services on Our Website for business purposes. If you are using the Services on be half of an organization (business, nonprofit, or church), You are agreeing to theseTerms for that organization and confirming now to Pro WEBFIRE that you have the authority to bind said organization to Our Terms (in which event, “You” and “Your” will refer to that organization).If You do not agree with these Terms, or are under 18years old, please do not use the Services or Our Website. If at any time You are not willing to be bound by these Terms, You should:
a) immediately cease and refrain from accessing or using the program or services, and
b) leave the website immediately.
Subject to the Terms, Pro WEBFIRE grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the content is a breach of these Terms and may be a violation of law.
Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by You without the prior written consent of Pro WEBFIRE. The Site and the Content found therein are the property of Pro WEBFIRE, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Pro WEBFIRE or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing.
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via thisWebsite), may also be required. Such registration information must be accurate and current. The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not
· (i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
· (ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of theseTerms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use theContent, or any license key, to teach any third party any portion of theServices or for any purpose other than exercising rights expressly granted toYou by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party. You are responsible for all usage or activity on Your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials. All monthly plans will be billed on the day of the month as your first payment. Monthly plan is active while account is paid in full. After 1day of account delinquency without prior notification, your services will be placed on hold. After 14 days of account delinquency you will incur an additional fee of $85 to re-instate your account, you will lose any discounts and have to pay current monthly plan price as listed online. After 30 days without payment your website will be taken down until monthly payments and late fees ($85 for the first 30 days and $5 for every day thereafter) are paid in full. You are responsible for paying for all ad spend (advertising costs) for Facebook, Instagram, Google, You Tube, and any other advertising platform. Advertising payment must be made prior to services.
The length of Your Pro WEBFIRE Term (“Subscription”) is 12 months from the date of your first payment charge date and auto renewed for a 12-month Term unless and until You cancel your subscription at least 30 days prior to the end of the subscription term. You must have Internet access and provide us with a current, valid, accepted method of payment ("Payment Method"), as such may be updated from time to time, to use the Service. We will bill the applicable subscription fee to Your Payment Method. NOTWITHSTANDING ANYTHING HEREINTO THE CONTRARY, IN ALL INSTANCES A PRO WEBFIRE SUBSCRIPTION WILL BE FORA 12-MONTH TERM AND YOU SHALL REMAIN LIABLE FOR PAYMENT IN FULL OF ALL FEES AND CHARGES FOR USE OF THE SUBSCRIPTION SERVICE FOR THE ENTIRE 12-MONTH TERM.
Your subscription will automatically renew unless you cancel pursuant to this Agreement, at least thirty (30) days prior to the end of your 12-month Term. At least 30 days prior to the end of your 12-month Term, Pro WEBFIRE will send an email renewal notice to your provided email address to notify you of the pending automatic renewal data and provide instructions regarding optional online cancellation prior to the 30-day period. You must submit notice of your cancellation of subscription at least 30days prior to the expiration of the current 12-month term in order to prevent automatic renewal and billing of the successive 12-month subscription fees to your payment method. Early cancellations submitted prior to the email renewal notice will not result in refund of any fees or charges. By entering into this agreement, you acknowledge you are subject to the above-described automatic renewals.
REFUND AND TERMINATION POLICY
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Pro WEBFIRE abides by a strict, 30-day or 1st round of concepts presentation (whichever comes first) refund policy from the first payment charge date. After 30 days or Your 1st round of concepts presentation from Your first payment charge date, there will be no refund. If refund has been issued, thereafter any part of the website custom designed by us, including but not limited to graphics and/ or videos from any plans may not be used or distributed by you for any reason in the public. After the 30-day refund policy, there will be no refunds for any paid monthly or annual services.
All subscription plans whether prepaid annually or monthly are a 1-year agreement and plans can be canceled and terminated by You only as explained int he section on Subscription.
By accepting these Terms, You agree and understand that We provide website design, graphic, video and digital outreach services and guarantee no results . You acknowledge that We make no promise or representation including but not limited that You will have a certain amount of church visitors, or any increase financially, or that you will not lose money, as a result of using these Services. Any results on Our Website or Our related Social Media are based on actual individual results of Our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for yourself. As with any business, Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. There are unknown risks in any business or nonprofit organization, particularly with the Internet where advances and changes can happen quickly. The use of Our information, products and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE. In accepting these Terms, You acknowledge that Yout ake full responsibility for Your own success.
During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure; (ii) at the time of the disclosure is, or thereafter becomes part of the public domain; or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.
This Agreement is limited in respect to the services described above in that:
(a) We shall not be responsible for the loss of data for any reason;
(b) We shall not be responsible for the accuracy of the data the Website employs or provides;
(c) We shall not be responsible for the operation of hardware, networking, third-party software or peripheral devices;
(d) We shall not be responsible for liability arising from the use of the Website, its function, guidance, data, availability or lack thereof;
(e) You assume the responsibility to assure Your use of the Website is in accordance with state and federal law and government regulation of all types;
(f) Direct access to the data for the purposes of querying, exporting, etc.from any party other than Our personnel or parties duly authorized by Us shall void any warranty and/or responsibility, expressed or implied, of Ours to support You. Support issues that arise, in the opinion of Us, as a result of unauthorized access shall result in You being billed for additional services.
(g) We reserves the right to invoice You for support that is a result of dataloss for Website issues or corruption caused by the actions of employees or agents of Yours.
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by UnitedStates copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Pro WEBFIRE, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
At our reduced rates in this agreement, You understands the rights are shared on the content created by Pro WEBFIRE for You. We have the right to use all content at Our discretion. For example: we can use the content on our site as a reference to Our work. You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to Pro WEBFIRE for content creation or use on a Pro WEBFIRE hosted website. You agree that Pro WEBFIRE is not responsible for legal or financial liabilities that arise from any video, image, or music provided to Pro WEBFIRE for any project completed for You. In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence)products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT, WEBSITE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
You agree to defend, indemnify and hold harmless Pro WEBFIRE , its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site and/or the Content, (c) Your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) Your tortious acts including, without limitation, defamation, and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be Your sole responsibility. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. CONSENT TO USE INFORMATION By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your plan, for the following purposes:
· (i) the processing of this monthly plan application; and
These Terms are the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties.
Any notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of an email sent to the e-mail address of such party.
We reserve the right to modify, terminate, or otherwise amendServices available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through itsWebsite and associated Social Media accounts. Such new features and/or services shall be subject to these Terms. Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in state ofOklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that terms hall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.