PRIVACY POLICY

This Privacy Policy describes what information we collect and how it’s used and shared. Note that any capitalized terms not defined in this Privacy Policy have the meanings set forth in our Terms of Service. If you don’t agree with the terms of this Privacy Policy, you may not access or use our Websites or our Services. If you have any comments or questions about this Privacy Policy, feel free to contact us at support@unforgettablewebdesigns.com.

 

1.    Core Principles

When it comes to your personal information we believe in transparency, not surprises. We will never sell your personal information to anyone. We will never ask for your personal information unless we need it to provide or improve our Websites or our Services for you. We will never share your personal information unless you’ve specifically allowed it.

We appreciate that when you use our Websites or our Services, you trust us with your information, and we take that responsibility seriously. Your privacy is of the utmost importance to us.


2.    
Collection
When you use our Websites or our Services, we collect the following information, and use it only as described below:

2.1. Account Information.
This may include your name, address, email address and phone number. We use this information in the ways you would expect, such as to set up your account or to contact you.

2.2. Third Party Account Information.
If you use Third Party Services, such as social media, hosting or photo-sharing services, you may provide us with your Third Party Services account information, such as your username (note that we don’t store any passwords you use to access Third Party Services). We transmit, and may store, such account information, only as needed to provide our Services, and only in accordance with the terms and policies of the Third Party Services.

2.3. Payment Information.
When you initially provide or update your payment information, we transmit it via an encrypted connection to our Payment Processors, Stripe and PayPal. Stripe and PayPal use and process your payment information in accordance with their own Privacy Policies. We don’t store your payment information, other than your zip code and country, which we require for billing and to comply with tax and other government regulations.

2.4. Communications With Us.
When you send us emails or other communications, such as customer support inquiries, we maintain those communications and their contents so that we can resolve your inquiries or otherwise assist you.

2.5. Public Comments On The Services.
We maintain any comments, contributions to discussions or messages submitted to users of our Websites and our Services, in order to provide our Websites and our Services.

2.6. Files You Provide Us.
When you use our Websites and/or our Services, we store, process and transmit your User Content and information related to your User Content. We process and store such files and information in order to provide our Websites and our Services, as described in our Terms of Service.

2.7. Usage Information.
This includes information about your activity on and interaction with our Websites and our Services, such as your IP address, your device or browser type, the webpage you visited before coming to our sites and identifiers associated with your devices. This information enables us to analyze how our Websites and our Services are being accessed and used, and to track performance of our Websites and our Services.

2.8. Location Information.
Your devices (depending on your settings) may transmit location information to our Websites and our Services. We use this information to customize, improve and protect our Websites and our Services. For example, we may use your location information to determine local language preferences, or to geotag a post.

2.9. Cookies And Other Technologies.
We use these technologies to do things such as remember your preferences, keep you safe and improve and promote our Website and our Services. You can read more about how we use these technologies in our Cookie Policy, which is incorporated by reference into this Privacy Policy.


3.
    Sharing
When you use our Websites and our Services, we may share your information only as described below:

3.1. Third Parties You Authorize.
You can give third parties access to your’s and your End Users’ information on our Website and our Services. For example, you may wish to integrate Your Sites with a third party newsletter service that requires access to the email addresses you collect from your End Users, in order for that newsletter service to send emails on your behalf and at your direction. Just remember that such third party’s use of this information will be governed by the terms and privacy policies of the third party.

3.2. Following The Law.
We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law, protect our rights or prevent fraud or abuse of our Websites, our Services or our Users. When we receive law enforcement or national security requests for information, we strongly believe in privacy and transparency. We scrutinize such requests carefully and challenge vague, overbroad or otherwise unlawful requests. And when legally permitted, we provide our users with notice that their information is being requested. This notice is provided so that you have the opportunity to challenge such requests.

3.3. Others Working For Unforgettable Web Designs & Marketing and Ashley Dixon Inc.
Unforgettable Web Designs & Marketing and Ashley Dixon Inc. uses certain trusted third parties to help us provide, improve, promote and protect our Websites and our Services. For example, we may use third parties to help us provide customer support, manage ads on other sites or assist with data storage. These third parties may access, process or store your information to perform tasks only for the purposes we’ve authorized, and we require them to provide at least the same level of protection for your information as described in this Privacy Policy. We also may share with third parties aggregated or anonymized information that does not directly identify you.

3.4. Business Transfers.
If we’re involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal.


4.
    Protection
While no service is completely secure, we have a security team dedicated to keeping your information safe. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities. Payment information is transmitted using HTTPS encryption, and we maintain a PCI DSS certification.


5.
    Retention
We’ll retain your personal information for as long as we need it to provide you with our Websites and our Services. You can ask for your personal information to be deleted at any time by deleting your Account or contacting us at support@ashley-dixon.com. Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your personal information in order to comply with the law, protect our rights, resolve disputes or enforce our agreements.


6.
    Location
Information that you submit through our Websites and our Services may be transferred to countries other than where you live (for example, to our servers in the UK). We also may store information locally on the devices you use to access our Websites and our Services. We also may transfer information to third parties outside the US for processing or to support our Websites and our Services, and we require them to provide at least the same level of protection for your information as described in this Privacy Policy.


7.
    Access
To modify or delete the personal information you have provided to us, simply log into your Account and update your profile or email support@ashley-dixon.com. We may retain certain information as required by law or for necessary business purposes. On request, we’ll provide you with a copy of your personal information that we maintain. This request may be subject to a fee not exceeding the prescribed fee permitted by law.


8.
    Communications
We may periodically email you service-related announcements. We’ll also send you emails related to your transactions. We may also send you marketing or promotional communications, but you can opt out of receiving subsequent marketing or promotional communications by clicking the link marked unsubscribe (or a similar phrasing) that’s included in the footer of those communications.


9.
    End User Information

9.1. Collection And Use Of End User Information.
You may use our Websites and our Services to create or publish Your Sites, and Your Sites may have End Users. We may collect, use or delete the same types of information described in Section 2, above, from your End Users, on your behalf and at your direction, and we treat such information in accordance with this Privacy Policy. We do this in order to enable you to use our Website and our Services, and to provide, improve and protect our Website and our Services. For example, during checkout you may ask your End Users to provide name, address, email address and payment information so that you can complete their orders.

9.2. Your Relationship With End Users.
You can collect, use or delete your End Users’ information at any time. However, you’re solely responsible for complying with any laws and regulations that apply to your End Users’ information, including without limitation the posting of your own privacy policy. We’re not liable for your relationship with your End Users, and we won’t provide you with any legal advice regarding such matters.

9.3. End User Payment Information.
Your End Users’ payment information may be processed via third party Payment Processors with which you integrate your Account, in accordance with such Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it, only so that we can pass it along to the Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.

9.4. A Message To The End Users.
Hello, End User! We hope you use our Website and our Services some day! However, Unforgettable Web Designs & Marketing and Ashley Dixon Inc. has no direct relationship with you. If you’d like to make any requests regarding your personal information, please contact the owner of the site you’ve visited or used, as they control your data. They may then submit any such information requests to us, and we’ll respond to them. We retain your information in accordance with this Privacy Policy.


10.
    Privacy Shield

10.1. Compliance.
Unforgettable Web Designs & Marketing and Ashley Dixon Inc. complies with the U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information.

10.2. Accountability.
Our accountability for Personal Data we receive and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we may use third parties to process data on our behalf as described in this Privacy Policy, and we remain liable if they do so in a manner inconsistent with the Privacy Shield Principles and we’re responsible for the event giving rise to the damage.

10.3. Inquiries And Disputes.
If you have questions you believe to be within the scope of our Privacy Policy, please contact us at support@ashley-dixon.com.


11.
    Modifications
We may modify this Privacy Policy from time to time, and will post the most current version on our Websites. If a modification meaningfully reduces your rights, we’ll notify you in accordance with the procedures set forth in our Terms of Service.

 

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TERMS OF SERVICE

This page explains our terms of service, which contains important information about your legal rights. When you use our Websites or make your first payment towards our Services, you’re agreeing to these terms.

These Terms of Service (“Terms”) cover your use of and access to the websites, services, products, applications, tools and features (collectively, our “Services”) provided by Unforgettable Web Designs & Marketing and Ashley Dixon Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates). Our Privacy Policy explains what personal information we collect and how it’s used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using our Website and our Services.

By using, accessing or making your first payment towards our Website and our Services, you’re agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy(collectively, this “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access our Websites or our Services.

While we’re not your lawyers, we do want to say: Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.

 

1.    Creating an Account

1.1. Signing Up.
To use our Websites and our Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account at all times. We may need to use this information to contact you.

1.2. Staying Safe.
Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

1.3. Sixteen And Older.
Our Websites and our Services are not intended for and may not be used by children under the age of 16. By using our Website and our Services, you represent that you’re at least 16. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).


2.
    Your Content

2.1. Your User Content Stays Yours.
Users of our Websites and our Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect our Website and our Services as described herein.

2.2. Your License To Us.
When you provide User Content via our Website and our Services, you grant Unforgettable Web Designs & Marketing and Ashley Dixon Inc. a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with our Website or our Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect our Websites and our Services.

2.3. Featuring Your Site.
We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Unforgettable Web Designs & Marketing and Ashley Dixon Inc. marketing and promotional activities. For example, we may feature Your Sites on our Websites or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites.


3.
    Your Responsibilities

3.1. Only Use Content You’re Allowed To Use.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via our Websites and our Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on our Websites and through our Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.

3.2. Follow Our Rules.
You’re responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.

3.3. Follow The Law.
You represent that your use of our Websites and our Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.

3.4. Share Responsibly.
Our Websites and our Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via our Websites or our Services.

3.5. Your Sites And Your End Users Are Your Responsibility.
You may use our Websites and our Services to create or publish websites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users.


4.
    Third Party Services And Sites, User Content And Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Specialists

4.1. Third Party Services.
Our Websites and our Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies.

We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.

You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

4.2. Third Party Sites.
Our Websites and our Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

4.3. User Content.
We haven’t reviewed and can’t review all of the User Content made available via our Website and our Services. Our Websites and our Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By using our Website and our Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via our Website or our Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via our Websites and our Services.

4.4. Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Specialists.
Certain parts of our Websites and our Services, such as Unforgettable Web Designs & Marketing Specialists and Ashley Dixon’s Inner Circle, may provide directories of, and information about, independent third party users (“Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Specialists”) who can help you use our Website and our Services. Unforgettable Web Designs & Marketing and Ashley Dixon Inc. does not employ, is not affiliated with and does not endorse Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Specialists. Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Specialists are a Third Party Service, as defined in Section 4.1.


5.
    No Transfer Of Our Intellectual Property

5.1. Ashley Dixon Inc. Owns Unforgettable Web Designs & Marketing.

Unforgettable Web Designs & Marketing and Ashley Dixon Inc.’s Websites, Programs, Packages, Marketing Campaigns, Pay-Per-Click Advertisements and Services are property of Unforgettable Web Designs & Marketing and Ashley Dixon Inc. protected by copyright and intellectual property laws. You are not authorized to use any of Unforgettable Web Designs & Marketing and Ashley Dixon Inc.’s intellectual property for any reason. All intellectual property, including Unforgettable Web Designs & Marketing and Ashley Dixon Inc.’s copyrighted Websites, Programs, Packages, Marketing Campaigns, Pay-Per-Click Advertisements and Services, shall remain the sole property of Unforgettable Web Designs & Marketing and Ashley Dixon Inc. No license to sell or distribute Unforgettable Web Designs & Marketing and Ashley Dixon Inc. materials is granted or implied.

By using our Websites, Programs, Packages, Marketing Campaigns, Pay-Per-Click Advertisements and Services, you agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Unforgettable Web Designs & Marketing and Ashley Dixon Inc. is confidential and proprietary, and belongs solely and exclusively to Unforgettable Web Designs & Marketing and Ashley Dixon Inc., (3) You agree not to disclose such information to any other person or use it in any manner other than in discussion with Unforgettable Web Designs & Marketing and Ashley Dixon Inc. Further, by using our Websites and our Services, you agree that if you violate, or displays any likelihood of violating, any of this agreement, Unforgettable Web Designs & Marketing and Ashley Dixon Inc. will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Our Websites, Services, Campaigns, Marketing Plans and Pay-Per-Click Advertisements are protected by copyright, trademark and other US and foreign laws. These Terms don’t grant you any right, title or interest in our Websites or our Services, our trademarks, logos or other brand features or intellectual property, or others’ content on our Websites or through our Services. You agree not to change, translate or otherwise create derivative works of our Websites or our Services.

5.2. We Can Use Your Feedback For Free.
We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3. Our Demo Content Is For Private Use Only.
We may provide templates, consultations, training programs, marketing plans or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).

5.4. Our Betas Are Still In Beta.
We may release products and features that we’re still testing and evaluating. Those Products and Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

5.5. We Use Open Source Software.
Open source software is important to us. Some of the software used on our Websites and through our Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.


6.
    Our Rights

6.1. Important Things We Can Do.
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change our Websites and our Services and their functionality; (b) we may restrict access to or use of parts or all of our Websites and our Services; (c) we may suspend or discontinue parts or all of our Websites and our Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of our Websites and our Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use our Websites and our Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use our Website and our Services in that jurisdiction).

6.2. How We Handle Ownership Disputes.
Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.


7.
    Privacy
Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.


8.
    Copyright
We comply with copyright laws, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.


9.
    Paid Services And Fees
9.1. Fees.
You can access certain portions of our Website and our Services by submitting a fee payment (such additional services, “Paid Services”). For example, to hire us for monthly marketing services, you’ll need to pay a monthly subscription fee that renews automatically each month. To request to terminate Paid Services contact support@ashley-dixon.com. You are required to submit a termination request sixty (60) days prior to the termination date to end this agreement. If a sixty (60) day notice of termination is not given prior to term, you are responsible for the equivalent monthly subscription amount due for the sixty (60) days after your termination request is approved and a early termination fee of $5,000 will be applied.

If your monthly payment for Paid Services is declined or not paid on time, we reserve the right to suspend or cancel your access to your Website and your Paid Services. Transaction fees, termination fees and additional fees may also apply to certain portions of our Websites and our Services. Our fees will appear on an invoice that we provide via our Websites or email, unless otherwise indicated.

9.2. Taxes.
All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for our Products and our Services when required to do so. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.

9.3. Automatic Renewals.
All Marketing Services/Paid Services will be automatically renew from the date you submit your initial payment and on each renewal period thereafter until agreement is terminated. This agreement shall be renewed automatically for succeeding terms of one year unless either Party gives notice to the other at least sixty (60) days prior to the expiration of any term of his/its intention not to renew.

9.4. Refunds.
Website Packages, Services, Campaigns, Marketing Plans and Pay-Per-Click Advertisements do not qualify for refunds after the initial billing occurs.

9.5. Fee Changes.
We may change our fees at any time. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

9.6. Chargebacks.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your website, services, campaigns, marketing plans, pay-per-click advertisements as well as any other services we handle for you. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.7. Our Payment Processor.
We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processors are Stripe and PayPal, and your payments are processed by Stripe and PayPal in accordance with Stripe’s and PayPal’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9.8. Fees For Third Party Services.
Third Party Services purchased via our Websites and our Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.


10.
    Your eCommerce Website

10.1. eCommerce Responsibilities.
Our Websites and Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce Website”). We’re not a party to, and we aren’t liable for, Your eCommerce Website. You’re solely responsible for Your eCommerce Website, and compliance with any laws or regulations related thereto, including without limitation the following:

10.1.1. Taxes.
You’re solely responsible for: (a) all Taxes and fees associated with Your eCommerce Website, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.

10.1.2. Fulfillment And Delivery.
You’re solely responsible for fulfilling and delivering your products and services to your End Users.

10.1.3. Claims and Warranties.
You’re solely responsible for any claims or warranties you make in connection with Your eCommerce Website.

10.1.4. Customer Service.
You’re solely responsible for handling any comments or complaints related to Your eCommerce Website, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.

10.1.5. Site Terms, Policies And Legal Compliance.
You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce Website will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.

10.2. eCommerce Restrictions.
You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.

10.3. eCommerce Suspensions.
While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce Website, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce Website if you’re violating this Agreement.

10.4. eCommerce Payment Processors.
To accept payments from your End Users in connection with Your eCommerce Website, you may integrate Your Sites with third party payment processors (“Payment Processors”). Your relationship with such Payment Processors is governed by those Payment Processors’ terms and policies. We don’t control and aren’t liable for any Payment Processors, or for any transaction you may enter into with or through any Payment Processors. Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from our Services, any Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.


11.
    Domains

11.1. Reseller Services.
We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via our Websites or our Services, you become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement.

11.2. ICANN.
Your use of our third party domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”).


12.
    Term And Termination
This Agreement will remain in effect until terminated by either you or us.

We reserve the right to suspend or terminate your website, services, campaigns, marketing plans, pay-per-click advertisements as well as any other services we handle for you at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of your marketing campaigns if you’re violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

To request to terminate Paid Services contact support@ashley-dixon.com. You are required to submit a termination request sixty (60) days prior to the termination date to end this agreement. If a sixty (60) day notice of termination is not given prior to term, you are responsible for the equivalent monthly subscription amount due for the sixty (60) days after your termination request is approved and a early termination fee of $5,000 will be applied.

If your monthly payment for Paid Services is declined or not paid on time, we reserve the right to suspend or cancel your access to your website, services, campaigns, marketing plans, pay-per-click advertisements as well as any other services we handle for you. Transaction fees, termination fees and additional fees may also apply to certain portions of our Websites and our Services. Our fees will appear on an invoice that we provide via our Websites or email, unless otherwise indicated.

All Paid Services will remain in effect until terminated in accordance with this Agreement. Services and monthly subscription fees will remain in effect, all campaigns will continue as active for 60 days after your termination request is approved.

If your monthly payment for Paid Services is declined or not paid on time, we reserve the right to suspend or cancel your access to your website, services, campaigns, marketing plans, pay-per-click advertisements as well as any other services we handle for you. Transaction fees, termination fees and additional fees may also apply to certain portions of our Websites and our Services. Our fees will appear on an invoice that we provide via our Websites or email, unless otherwise indicated.


13.
    Warranty Disclaimers
We work hard to make Unforgettable Web Designs & Ashley Dixon Inc. great, but our Website and our Services are provided as is, without warranties.

To the fullest extent permitted by law, Unforgettable Web Designs & Ashley Dixon Inc. makes no warranties, either express or implied, about our Websites or our Services. Our Websites and our Services are provided “as is.” Unforgettable Web Designs & Ashley Dixon Inc. also disclaims any warranties of merchantability, wealth for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Unforgettable Web Designs & Ashley Dixon Inc. shall create any warranty. Unforgettable Web Designs & Ashley Dixon Inc. makes no warranty or representation that our Websites and our Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.


14.
    Limitation Of Liability
If something bad happens as a result of your using Unforgettable Web Designs & Ashley Dixon Inc., our liability is capped.

To the fullest extent permitted by law, in no event will Unforgettable Web Designs & Ashley Dixon Inc. be liable with respect to any claims arising out of or related to our Websites or our Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use our Website or our Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the our Website or our Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Unforgettable Web Designs & Ashley Dixon Inc. has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Unforgettable Web Designs & Ashley Dixon Inc. for all claims arising out of or related to our Website and our Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Unforgettable Web Designs & Ashley Dixon Inc. in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.


15.
    Indemnification
If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Unforgettable Web Designs & Ashley Dixon Inc. from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce Website; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.


16.
    Dispute Resolution

16.1. Informal Resolution.
Before filing a claim against Unforgettable Web Designs & Ashley Dixon Inc., you agree to try to resolve the dispute by first emailing support@ashley-dixon.com with a description of your claim. We’ll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (90) days of our receipt of your first email, you or Unforgettable Web Designs & Ashley Dixon Inc. may then bring a formal proceeding.


17.
    Additional Terms

17.1. Entire Agreement.
This Agreement constitutes the entire agreement between you and Unforgettable Web Designs & Ashley Dixon Inc. regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

17.2. Controlling Law.
This Agreement, our Websites and our Services shall be governed in all respects by the laws of the State of Michigan, without regard to its conflict of law provisions.

17.3. Waiver, Severability And Assignment.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

17.4. Modifications.
We may modify this Agreement from time to time, and will always post the most current version on our site. Modifications will never apply retroactively. By continuing to use or access our Websites and our Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using our Website and our Services.

17.5. Translation.
This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.
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Terms of Use

PLEASE READ. Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. ARE REQUIRED CONSIDERATIONS FOR Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc..

ALL PERSONS UNDER THE AGE OF 16 ARE DENIED ACCESS TO Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc.. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. OR ITS CONTENTS IN ANY MANNER WITHOUT PARENTAL PERMISSION. Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc. IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW Unforgettable Web Designs & Marketing and/or Ashley Dixon Inc., TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, clients, students or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

CONTACT INFORMATION
The Seller of this product and/or service is:
Mailing address:
Unforgettable Web Designs & Marketing
Ashley Dixon Inc.
PO Box 56
Marysville, MI 48040
United States

Contact Email: support@unforgettablewebdesigns.com, All Rights Reserved.