Terms of Service - WP SuperHelp
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WP SuperHelp Terms of Service
WPSuperHelp Terms of Service
Last Updated: February 5th, 2015

TERMS OF SERVICE

The following document outlines the terms of use of the WP SuperHelp website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the WP SuperHelp services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WP SUPERHELP SERVICES (“SERVICES”). BY USING THE WP SUPERHELP SERVICES YOU AGREE TO THESE TERMS OF SERVICE (“TERMS”), WHICH MAY BE AMENDED FROM TIME TO TIME AT WP SUPERHELP’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at wpsuperhelp.com and all linked pages (“Site”), are owned and operated by WP SuperHelp and is accessed by you under these Terms.

Please read these Terms carefully before using the Services. By accessing the Site, viewing any content or using any Services available on the site you are agreeing to be bound by these Terms, which together with our Privacy Policy, govern WP SuperHelp’s relationship with you in relation to the Site. If you disagree with any part of the Terms then you may not access the Site.

DESCRIPTION OF SERVICE

The Site is an online service that offers chat and email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP SuperHelp makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of WP SuperHelp. WP SuperHelp reserves the right to amend, suspend or discontinue the availability of the Site and/or any Services and/or remove any content at any time at its sole discretion and without prior notice.

The WP SuperHelp Services do not include support for multi-site WordPress installations. Customers with multiple sites will need individual subscriptions for each website.

REGISTRATION

As a condition of using the Services, you are required to open an account with WP SuperHelp, select a password and username, and provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your WP SuperHelp account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Don’t reveal your account information to anyone else. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your WP SuperHelp account. You agree to immediately notify WP SuperHelp of any security breach of your account. WP SuperHelp shall not be responsible for any losses arising out of the unauthorized use of your account.

Services are available only to legal entities, or to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the WP SuperHelp Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

You agree that you will pay for the Services, and that WP SuperHelp may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WP SUPERHELP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Prices for the Services may change at any time at WP SuperHelp’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge WP SuperHelp, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless WP SuperHelp, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms by you, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or WP SuperHelp username and password; and/or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall WP SuperHelp be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, or common law with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WP SUPERHELP, AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND WP SUPERHELP’S SOLE LIABILITY TO YOU, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICES EFFECTIVE UPON RECEIPT BY WP SUPERHELP OF YOUR WRITTEN NOTICE OF TERMINATION.

INTELLECTUAL PROPERTY

WP SuperHelp and wpsuperhelp.com graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP SuperHelp. WP SuperHelp’s intellectual property may not be used in connection with any product or service without the prior written consent of WP SuperHelp. Notwithstanding the foregoing, the images and icons available in the WP SuperHelp Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the WP SuperHelp Site.

SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the or Email and responded to in a reasonable amount of time.

Each support request is subject to a maximum of 60 minutes of web development time. The effort required and skill required for development is exclusively determined by the WP SuperHelp management. For work outside of the scope of the WP SuperHelp agreement, WP SuperHelp management may provide alternative solutions and pricing options to the client including referral to the WP SuperHelp partners

WP SuperHelp provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved.

Your requests are subject to approval by WP SuperHelp or by its assigned agent.

 

NATURE OF REQUESTS

Requests must fall within the following categories.

  • General troubleshooting
  • CSS Modifications or implementation
  • Content and Image management (not including writing or creating of content or images)
  • General WordPress advice
  • Menu creation and management
  • Plugin installation and implementation

If you are unsure about whether or not a request meets these criteria, submit it as a ticket to WP SuperHelp’s support system and WP SuperHelp will either accept the ticket or deny the ticket based on managerial approval.

Examples of requests which shall not meet WP SuperHelp management approval for support include:

  • Custom or Advanced Development, including website or theme redesign and plugin customization.
  • Theme, Plugin or Graphic Creation or Development.
  • Custom Function creation/development/implementation
  • Internet marketing or SEO services

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. WP SuperHelp may provide links to third-party websites as a convenience to you. You agree that WP SuperHelp is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP SuperHelp is not in any way responsible for any such use by you.

TERMINATION & CANCELLATION

If you wish to terminate your WP SuperHelp account, you must contact us with your termination request. You can contact us through the contact page or support area to issue a termination request. Cancellations must be made before the cancel account renewal date.

WP SuperHelp may terminate or suspend any and all Services and/or your WP SuperHelp account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnification provisions, and limitations of liability.

CHANGES

WP SuperHelp reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, WP SuperHelp will notify you by posting an announcement on the Site. What constitutes a material change will be determined at WP SuperHelp’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Services or viewing any content on the Site following notification of a material change to the Terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind WP SuperHelp in any respect whatsoever.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

WP SuperHelp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP SuperHelp’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

WP SuperHelp may transfer, assign or delegate the Terms and its rights and obligations without your consent.

The Terms shall be governed by and construed in accordance with the laws of the United States of America, as if made within Minnesota between two residents thereof, and you submit to the exclusive jurisdiction of Minnesota courts.

You agree that the Terms constitute the complete and exclusive statement of the mutual understanding between you and WP SuperHelp and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both you and WP SuperHelp, except as otherwise expressly provided herein.