Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Rights and Copyright
Welcome and thank you for links to SellwithWP.com blog posts! However, all SellwithWP.com written content is protected by copyright law, and may not be reproduced without express permission. If you’d like to publish any Sell with WP article oan external source, please contact us for written permission and terms.
Use of trademarks and logos
All logos and trademarks shown on Sell with WP are the property of their respective owners. They do not indicate ownership, affiliation, sponsorship, or any other relationship with Sell with WP.
In addition, the Sell with WP and SkyVerge® logos and layouts are under copyright law and may not be reproduced for any reason. All other original artwork is protected under copyright law either by authors at Sell with WP or the guest writers that created the posts. Please do not use any site assets or content without permission.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will post them here. You are advised to check for changes from time to time. If you disagree with our changes, then you should stop using Sell with WP / SkyVerge products within the designated notice period. Your continued use of our products will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Disclaimer of Warranties
The Website and Sell with WP products and services are provided “as is”. Sell with WP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sell with WP nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Sell with WP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sell with WP under this agreement during the twelve (12) month period prior to the cause of action. Sell with WP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Sell with WP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Waiver and Complete Agreement
The failure of Sell with WP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SkyVerge and govern your use of the Website, superseding any prior agreements between you and Sell with WP (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Sell with WP may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. This includes access to support, forums, and updates for purchased products or memberships (typically in response to abusive or harassing behaviors directed at staff or other members). If you wish to terminate this Agreement or your SellwithWP.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement constitutes the entire agreement between Sell with WP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sell with WP, or by the posting by Sell with WP of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Berks County, Pennsylvania.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Douglassville, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SkyVerge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.