Terms of Service

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

TERMS OF SERVICE

Before using any of the WPATEAM.COM 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 WPATEAM.COM SERVICES (“SERVICES”). BY USING THE WPATEAM.COM SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WPATEAM.COM’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 WPATEAM.COM and the support services provided (“Service”), are owned and operated by Pure Source, LLC. (DBA “WPATEAM.COM”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the Service. By accessing the Service, viewing any content or using any services available on the Service (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the Service. If you disagree with any part of the terms then you may not access the Service.

DESCRIPTION OF SERVICES

WPATEAM.COM is a website that offers WordPress support, maintenance and consulting services to the general public.

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

REGISTRATION

As a condition to using Services, you are required to open an account with WPATEAM.COM and select a password and username, and to 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 WPATEAM.COM 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 trade mark 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 solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify WPATEAM.COM of any security breach of your Account. WPATEAM.COM shall not be responsible for any losses arising out of the unauthorized use of your Account. 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 WPATEAM.COM account.

Services are available only to legal entities and 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 WPATEAM.COM 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.

TRIAL PERIOD

You agree that you will use the WPATEAM.COM service for free for 30 calendar days (THE TRIAL PERIOD) in order to determine the suitability of WPATEAM.COM for your needs.

You hereby agree to receive email offers and communications from WPATEAM.COM in connection with its services.

PAYMENT

If you choose to purchase a WPATEAM.COM support plan, you agree that you will pay for the Service, and that WPATEAM.COM 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 WPATEAM.COM WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Service. We will charge tax only in such jurisdictions where the Service are taxable.

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

USE OF SERVICES

You agree not to access the Service by any means other than through software that is acceptable to WPATEAM.COM. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge WPATEAM.COM, 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 Service and the Service.

You hereby agree to indemnify and hold harmless WPATEAM.COM, 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, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Service, by you or any person acting on your behalf or using your account or WPATEAM.COM Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall WPATEAM.COM be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the Service, 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 Service is to cancel your subscription.

WPATEAM.COM, AND THEIR 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 OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WPATEAM.COM OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY

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

GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York.

ARBITRATION

(a) Any dispute, controversy or claim relating to this Agreement or any breach or default in the performance of the terms and conditions thereof shall be settled by arbitration in the City of New York in accordance with the then-existing arbitration rules promulgated by the American Arbitration Association ("AAA"). The decision of the arbitrators shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any arbitration award shall include attorneys' fees for the prevailing party.

(b) In any arbitration proceeding arising from the use of the Service, the rights of the parties shall be determined according to the laws of the State of New York, and the arbitrators shall apply such law.

SEVERABILITY

If any provisions of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement.

LIABILITY LIMITATION

In no event will WPATEAM.COM be liable for any lost profits, lost income or incidental, indirect, special or consequential damages, arising out of the Service.

JURISDICTION AND VENUE

This Agreement and the performance hereunder and all suits and special proceedings hereunder will be construed in accordance with and under and pursuant to the laws of the State of New York. Therefore, you consent to the jurisdiction and venue of the courts of the State of New York.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and WPATEAM.COM with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between the parties. It may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement.

TERMINATION & CANCELLATION

Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.

WPATEAM.COM may terminate or suspend any and all Services and/or your WPATEAM.COM 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 Service will immediately cease. If you wish to terminate your WPATEAM.COM account, you must cancel your Subscription or Deactivate your Account using WPATEAM.COM's Account Management System. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

CHANGE

WPATEAM.COM reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, WPATEAM.COM will notify you by posting an announcement on the Service. What constitutes a material change will be determined at WPATEAM.COM’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content 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 WPATEAM.COM 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. WPATEAM.COM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WPATEAM.COM’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. WPATEAM.COM 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 California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels 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 parties, except as otherwise expressly provided herein.